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ACLU Teams Up with Anti-Obama Marine to Fight Dismissal

Sgt. Gary Stein
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Above: Sgt. Gary Stein

In an unlikely alliance, the American Civil Liberties Union teamed up with Anti-Obama Marine Sgt. Gary Stein to fight his possible dismissal from the Marine Corps.

Stein is facing the boot for writing Facebook posts in which he said he would not follow the orders of Commander-in-Chief Barack Obama. He later changed those posts to say he would not follow unlawful orders.

The ACLU of San Diego and Imperial Counties announced on its website this morning that it would team up with Stein's civilian attorney, the Oathkeepers, and the United States Justice Foundation to stop a dismissal hearing for Stein scheduled for Thursday.

David Loy, legal director for ACLU of San Diego & Imperial Counties, explains why the ACLU is defending Stein:

“The military may be different from the civilian world, but it’s not exempt from the First Amendment. Sergeant Stein didn’t say anything for which the Marine Corps has any right to punish him. He did not threaten order or discipline or take positions that anyone would attribute to the Corps. Indeed, the Corps is threatening loyalty and morale by persecuting a good Marine for exercising his free speech rights.”

Stein's legal team attempted to stop the dismissal hearing with a temporary restraining order, but a judge denied that request today.

Stein's dismissal hearing will be held tomorrow morning at Camp Pendleton.

Comments

Avatar for user 'FormerCompanyCommander'

FormerCompanyCommander | April 4, 2012 at 10:51 a.m. ― 2 years ago

Plenty of legal precedent on this matter http://cape.army.mil/repository/materials/WhenSoldiersSpeakOut.pdf

He needs to be separated.

I just wish others out at https://www.facebook.com/ArmedForcesTeaParty could understand this argument. Instead they too want to make this about Obama and not legitimate and necessary rules that govern functioning teams. Many of them former military which both perplexes and saddens me.

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Avatar for user 'philosopher3000'

philosopher3000 | April 5, 2012 at 10:17 a.m. ― 2 years ago

The ACLU is out of line defending the Armed Forces Tea Party: The Bill of Rights are civil rights guaranteed to civilian citizens, not military soldiers in time of war. If you do not wish to submit to the chain of command, if you wish to question authority, then you should not join the military. It is obvious that those who publicly refuse to follow lawful orders don't serve the country, they serve themselves, putting their personal opinion above their duty while we are at war is unethical.

If you feel that you are being ordered to do anything unlawful, document it, and when the battle is over, bring your issues to your command, if they refuse to respond and you still have issues, become a conscientious objector, and send your concerns to your representative in congress. When you become a soldier you give up your personal opinion to join the common effort. Confronting your Commander-In-Chief in public during war-time is paramount to treason.

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Avatar for user 'chuco13'

chuco13 | April 5, 2012 at 3:22 p.m. ― 2 years ago

I cannot believe the ACLU would defend this guy.....

If this guy was selling anti-Bush stuff, all the right wing AM radio fools would be foaming at the mouth about how "unpatriotic" this guy is.

But since it is about President Obama....... they all are defending his right to "free speech!"

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