08 March 2012

Whither "Free Speech" in Uniform?

How much of your Constitutional right to free speech do you surrender when putting on your uniform? That's the issue at hand in a politically-charged case in California.

Marine Sgt. Gary Stein first started a Facebook page called Armed Forces Tea Party Patriots to encourage service members to exercise their free speech rights. Then he declared that he wouldn't follow orders from the commander in chief, President Barack Obama.

While Stein softened his statement to say he wouldn't follow "unlawful orders," military observers say he may have gone too far.

The Marine Corps is now looking into whether he violated the military's rules prohibiting political statements by those in uniform and broke its guidelines on what troops can and cannot say on social media. Stein said his views are constitutionally protected.

While troops have always expressed their views in private, Stein's case highlights the potential for their opinions to go global as tech-savvy service members post personal details, videos and pictures that can hurt the military's image at home and abroad.

"I think that it's been pretty well established for a long time that freedom of speech is one area in which people do surrender some of their basic rights in entering the armed forces," said former Navy officer David Glazier, a professor at Loyola Law School in Los Angeles.

"Good order and discipline require the military maintain respect for the chain of command," Glazier said. "That includes prohibiting speech critical of the senior officers in that chain of command - up to and including the commander in chief."

Stein has not been asked to take down his statements yet. I also wonder if he would've said the same thing while Bush 43 was in office.

By: Brant

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