Sergeant Gary Stein Facebook
A Marine may be in trouble for possibly violating military rules after criticizing President Obama on Facebook. Sergeant Gary Stein started a Facebook page, writing on it that he would not follow orders from the president.
Sgt. Stein said in a statement that he believes he has freedom of speech like everyone else, and that the “Constitution trumps everything else.” Legal analysts Lis Wiehl and Bob Massi joined America’s News HQ to talk about the case.
Lis disagrees with his statement saying that when people sign up for the military, they are prohibited from certain political speech. “Saying that you’re not going to follow the commander in chief when you’ve made a sworn statement … is at least skirting the line,” she contended.
Bob said there are protocols with the Department of Defense that prohibits military members from speaking out in this manner. “I think what the problem is that he identified himself in his Facebook as a military person. The question is what if he didn’t identify himself as a military person but said it as an individual citizen.”
According to Directive 1344 from the Department of Defense, “A member of the Armed Forces on active duty may … express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces.”
Lis said that the problem is that he did mention that he has been an active duty Marine for eight years. Sgt. Stein clarified his statement later saying he meant he would not follow “unlawful” orders, but that wasn’t what was originally written.
What do you think, should military personnel have more freedom to express their opinions on political issues?
The UCMJ is very clear. Active duty shuts the hell up. I agree with that, you know that going in. However, FOX is VERY wrong on that we as privates and lower enlisted cannot make a call on what is unlawful orders. It is drilled into our heads that you do not follow an unlawful order. If you have a doubt, you question the order and then try to run it up the chain of command. If you cannot and still doubt, you put your collar on the line and refuse to obey.
A Marine may be in trouble for possibly violating military rules after criticizing President Obama on Facebook. Sergeant Gary Stein started a Facebook page, writing on it that he would not follow orders from the president.
Sgt. Stein said in a statement that he believes he has freedom of speech like everyone else, and that the “Constitution trumps everything else.” Legal analysts Lis Wiehl and Bob Massi joined America’s News HQ to talk about the case.
Lis disagrees with his statement saying that when people sign up for the military, they are prohibited from certain political speech. “Saying that you’re not going to follow the commander in chief when you’ve made a sworn statement … is at least skirting the line,” she contended.
Bob said there are protocols with the Department of Defense that prohibits military members from speaking out in this manner. “I think what the problem is that he identified himself in his Facebook as a military person. The question is what if he didn’t identify himself as a military person but said it as an individual citizen.”
According to Directive 1344 from the Department of Defense, “A member of the Armed Forces on active duty may … express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces.”
Lis said that the problem is that he did mention that he has been an active duty Marine for eight years. Sgt. Stein clarified his statement later saying he meant he would not follow “unlawful” orders, but that wasn’t what was originally written.
What do you think, should military personnel have more freedom to express their opinions on political issues?
The UCMJ is very clear. Active duty shuts the hell up. I agree with that, you know that going in. However, FOX is VERY wrong on that we as privates and lower enlisted cannot make a call on what is unlawful orders. It is drilled into our heads that you do not follow an unlawful order. If you have a doubt, you question the order and then try to run it up the chain of command. If you cannot and still doubt, you put your collar on the line and refuse to obey.
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