Here are some of the statements that Marine Gary Stein wrote about President Obama on Facebook:
1. He said Obama was a coward.
2. He said “screw Obama.”
3. He said Obama was the economic and religious enemy.
Almost no right is absolute, and Marine Sergeant Gary Stein is learning that lesson in a hard way. After scathing remarks posted on Facebook, a Marine panel has recommended a discharge from military service for Stein.
Normally, the government cannot just run around and discipline or prosecute people for making political statements. This right of free speech is covered by the First Amendment to the U.S. Constitution.
But almost no right is absolute. Depending on the circumstances, some speech is unlawful. The basic idea is that you cannot endanger members of the public or do certain other things that disrupt social order. The prime example is that you cannot falsely yell “Fire” in a crowded theater. In this case, it is more the action and its result than the speech that is illegal. There is literally no redeeming quality to being able to say such a thing because it causes imminent danger to others.
The limitations on military members’ right of free speech, though, DO prohibit certain speech that would otherwise be deemed as having some social value. For example, you can go on Facebook all day long and see the exact same kinds of statements that Marine Gary Stein posted on Facebook. But these are from private citizens. Thankfully, you can criticize the U.S. president all day long as long as you don’t threaten to harm or kill him or encourage others to do the same.
But the reason this does not apply to the military is because it can harm military missions and objectives. While you may or may not agree with this law, military folks simply cannot publicly criticize their commanding officers. That includes the President because he is the Commander in Chief. It is well understood by all military members (except those that are consciously ignorant) that you cannot publicly criticize the President. In fact, according to Politico, Stein even received a warning from his superiors and ignored that warning.
The defense that Stein was off duty is bogus. For all intents and purposes, military members are always on duty. Such a defense will never fly. The First Amendment argument is less ridiculous. One could certainly argue that a military member should retain all his rights to free speech - including political speech - when he joins the service. It certainly reminds you of the way China censors the Internet, including statements made by private citizens. In fact, the very same argument - social order - is used to try to justify these policies.
It’s a close call, though. This situation is more akin to you working for an employee and not being able to criticize the company in the media. While a company is not a government actor (the First Amendment only applies to government action, not private companies), the same kind of concept applies on a much higher level to the military. This is an issue of national security. It is a limited prohibition on a specific kind of free speech. As a military member, you can still support or not support certain policies. You just must do it in a way that does not denigrate military and civilian officers. Gary Stein posted like a 12-year-old on Facebook. He is getting what he deserves in this case.
Sources:
Politico: Military Board: Dismiss Facebook Marine