Marine Sgt. Gary Stein fights losing battle over free speech rights..

busybody..

Literotica Guru
Joined
Jul 28, 2002
Posts
149,503
Marine Sgt. Gary Stein fights losing battle over free speech rights







CHICAGO, April 9, 2012 — A United States Marine Corps Administrative Separation Board recommended that Sgt. Gary Stein face a less than honorable discharge for criticizing President Obama on Facebook.

On his Armed Forces Tea Party page, Sgt. Stein criticized the president as a domestic enemy, claimed he would not follow certain orders issued by the president, and superimposed the face of the president on a “Jack-Ass” movie poster.

At last count Sgt. Stein had 27,000 followers on Facebook.

There is a long-standing policy and tradition in the military of respecting rank. You do not have to respect the person holding the rank, but you must respect the rank they hold.

This includes the Commander in Chief of the Armed Forces, the President.

A troop simply does not publicly criticize higher-ranking figures, especially in the media, or now, social media. It has the potential to disrupt good military discipline and order. You learn and are indoctrinated in this very early in your military career.

Sgt. Gary Stein violated that tradition and policy, along with Department of Defense rules and articles of the Uniform Code of Military Justice governing political activities. A federal judge twice upheld the discharge but has agreed to hear arguments by Stein’s attorneys on issues of freedom of speech and whether the Administration Separation Board is unjust and denies due process.

Sgt. Gary Stein, a nine-year veteran of the Marine Corps, knew exactly what he was doing when he made criticisms on his Facebook page, “Armed Forces Tea Party.”

When you join the military or other government service, you give up certain rights, including freedom of speech and expression. You are not allowed to advocate for certain issues or criticize policies or personnel in a public forum.

Soldiers have been complaining about military and civilian leadership since the times of the Roman Legions. Usually they are ignored or told to put a sock in it. If complainers persist, especially if they develop a following, there are consequences.

The military and politics recruit from the same gene pool, the human race. There are poor, uninformed, or even dangerous leaders in the military and civilian worlds. In time they are discovered and weeded out, fired or voted out of office.

Once again, the standard is not respect for the person, but respect for the rank or office held.

Sgt. Gary Stein is not stupid. He knew full well he could have sought guidance from above over his Facebook page and whatever political activities he participated in through his “Armed Forces Tea Party.”

He ignored warnings from his superiors over his postings. He was warned. Sgt. Stein knew exactly what he was doing and that it was improper. He did it anyway.

Sgt. Gary Stein showed personal courage for using his name and face to offer his criticisms. Sometimes courage is not appropriate or smart. In the case of Sgt. Stein, it is was not courage that got him in trouble. It was daring.

He challenged the military by continuing his activities.

By criticizing and insulting President Obama, he criticized and insulted the office of the President of the United States. He criticized and insulted the rank of the Commander and Chief of the Armed forces.

His conduct would be deemed improper if he publicly criticized or insulted the Commandant of the Marine Corps, the Chairman of the Joint Chiefs of Staff, or even his commanding officer.

Tea Party Constitution thumpers and critics of the president are defending Sgt. Stein’s free speech rights, rights he knowingly gave up when he joined, stayed in, and rose through the ranks in the Marine Corps.

Sgt. Stein knew what he was doing could result in discipline. His superiors warned him. He persisted in his misconduct. He was aware of the consequences of his actions.

This will not be the last we hear of Sgt. Gary Stein. He may play a role in the political discussion as a civilian, if the military upholds his discharge. Civilian Gary Stein could be unleashed as a pundit. He will be free to criticize anyone he wants, including the president or his beloved Marine Corps.

Others in the military more famous, decorated, and of much higher rank have suffered the consequences of their expressions and speech. General Douglas MacArthur was relieved of command for his disrespect of the president in letters he wrote to Congress during the Korean War.

General George S. Patton’s career suffered setbacks due to statements he made during and immediately after World War II.

More recently, General Stanley McChrystal was relieved of command in Afghanistan over comments he and his staff made to a freelance reporter that appeared in Rolling Stone Magazine. General McChrystal took the high road:

I extend my sincerest apology for this profile. It was a mistake reflecting poor judgment and should never have happened. Throughout my career, I have lived by the principles of personal honor and professional integrity. What is reflected in this article falls far short of that standard. I have enormous respect and admiration for President Obama and his national security team, and for the civilian leaders and troops fighting this war and I remain committed to ensuring its successful outcome.

Maybe Sgt. Gary Stein should have taken the honorable road instead of fighting a losing battle. He could have apologized and disappeared into the Marine Corps bureaucracy until the controversy died down. Instead he decided to fight a losing battle, paying a big price for his celebrity.
 
You can be DAMN SURE

If he woulda done this

When Bush was Pres

You all would be screaching like stuck pigs
 
rules...

He knew the rules and he broke them.
For that he is stupid and should pray he does not get a General or less than honorable discharge.

When you ink your name on the documents you abridge some of your rights.



BTW Busy Body, did you miss the Neo Nazi's going to patrol Sanford, Florida?

Will they do so in VW Things painted like WWII jeeps?

Will they stop and eat at Taco Bell while on patrol?
 
He knew the rules and he broke them.
For that he is stupid and should pray he does not get a General or less than honorable discharge.

When you ink your name on the documents you abridge some of your rights.



BTW Busy Body, did you miss the Neo Nazi's going to patrol Sanford, Florida?

Will they do so in VW Things painted like WWII jeeps?

Will they stop and eat at Taco Bell while on patrol?

the story isnt true:cool:
 
Ditto.

Anyone in the military who doesn't understand that deserves to be kicked out.

You can be DAMN SURE

If he woulda done this

When Bush was Pres

You all would be screaching like stuck pigs:cool:
 
Sure, dude. Whatever.

Nutball.

actually, that comment was NOT meant as a direct response to you

It was meant in general, but by all means, feel free to call me a NUTBALL

OH! BTW.....do you know there is someone sitting in jail for writing a POEM about OBAMA? Do you there were PLAYS, CRITICALLY ACCLAIMED plays about KILLING BUSH?

I know

IM A NUTBALL!

Whatever:rolleyes:
 
actually, that comment was NOT meant as a direct response to you

It was meant in general, but by all means, feel free to call me a NUTBALL

OH! BTW.....do you know there is someone sitting in jail for writing a POEM about OBAMA? Do you there were PLAYS, CRITICALLY ACCLAIMED plays about KILLING BUSH?

I know

IM A NUTBALL!

Whatever:rolleyes:


Yes, but you are our nutball. :D
 
actually, that comment was NOT meant as a direct response to you

It was meant in general, but by all means, feel free to call me a NUTBALL

:

By quoting my post and beginning yours with the word "you?"
 
Unless the law has been changed, I find it hard to imagine that Sgt. Stein can be prosecuted under Article 88 of the UCMJ which says:

"Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct."

The problem being, Article 88 is directed at "commissioned officers" not enlisted men. Stein is a non-commissioned officer and therefore doesn't fall under the strictures of Art.88. If he had disrespected any Superior officer or non-commissioned officer he would have been in violation of Articles 89 and 91, but those articles do not cover the civilian leadership of the military. Congress did not have the speech of enlisted men in mind when they wrote Article 88, instead they were more concerned with commissioned officers who might try dabbling in politics by denigrating their civilian leadership while still in the service.

So unless they've changed the UCMJ. I don't see how Stein can be forced from the service by virtue of his words alone.

hence my comment

UNDER OBAMA...YES.....HAD THIS BEEN UNDER BUSH....HE WOULDA BE THE NEW JCS:)
 
this thread was intended to show

THIS IS NOW

THAT WAS THEN

Im sure you all know what I mean
 
I served with the Marines, and all I can say is he should have kept his mouth shut. Though I have not followed the case, I have to say he needs to man up and take his punishment. In any profession if you go spouting off about your bosses you will get your ass canned.
 
How about ART. 94. MUTINY OR SEDITION; ART. 117. PROVOKING SPEECHES OR GESTURES; ART. 134. GENERAL ARTICLE

I am not an Obama fan but this Marine was still wrong and deserves Office Hours at a minimum. He also needs to make a public apology to his superiors and the president.
 
Unless the law has been changed, I find it hard to imagine that Sgt. Stein can be prosecuted under Article 88 of the UCMJ which says:

"Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct."

The problem being, Article 88 is directed at "commissioned officers" not enlisted men. Stein is a non-commissioned officer and therefore doesn't fall under the strictures of Art.88. If he had disrespected any Superior officer or non-commissioned officer he would have been in violation of Articles 89 and 91, but those articles do not cover the civilian leadership of the military. Congress did not have the speech of enlisted men in mind when they wrote Article 88, instead they were more concerned with commissioned officers who might try dabbling in politics by denigrating their civilian leadership while still in the service.

So unless they've changed the UCMJ. I don't see how Stein can be forced from the service by virtue of his words alone.

Not sure either. I'd have to look it up. But the "no messing around with politics" rule might be enough. Or he could have disobeyed a direct order to stop what he was doing. Or they could have gotten him on whatever rules ban service members from inciting crappy discipline or something. I try to avoid the UCMJ as much as possible.

Either way he should not be allowed to do what he did. There are infomercials on military TV every single day that say you can't do this kind of thing, so I bet there's a rule about it somewhere.

I know it's a different beast if the service member makes a remark while representing himself (implied or directly) as a marine, versus making the remark under no specific context. Maybe that was it.
 
Last edited:
My only point is the contention that he violated Article 88 as stated in this article:

http://www.examiner.com/politics-in-macon/the-case-against-sgt-stein

Is false.

Maybe they can nail him on sedition, mutiny, but it would be a stretch to maintain that a Sergeant reciting his duty not to follow an unlawful order on Facebook and not from within the ranks or while on duty is somehow guilty of Mutiny. I'm not a lawyer but it seems a stretch to me. Unless there's some kind of bad conduct other than what has been reported, he should probably take a discharge, but fight any kind of discharge other than an administrative discharge under honorable conditions I think the totality of his service record has to be taken into account.

I too believe you have to look at the totality of his record. I am not advocating a severe punisment as things have changed in the years since I served. I do not think a dishonorable discharged is warranted, but a general may be. But what we wish is not going to matter. I will bet that politics is played with this situation from both sides. This country has developed a sad trait. That of using anything to further your political agenda, reguardless of the harm that comes to the country, and the people directly involved.
 
Back
Top