St. Gary Stein was recommended by the military board for an "other-than honorable" discharge of his duties as a marine from comments he made regarding President Obama calling him a liar and suggested that he would not follow orders given by the president himself, on a social network page titled "Armed Forces Tea Party."
The military board claims that Stein violated the "no political conduct by service members" rule that limits servicemen from engaging in heated political issues while in the service. The military board did not allow Stein's attorney to present his case in which expert testimonies would tell a different story in which they would testify that the "rule" in question would only apply to commissioned officers. As well as a battle of testimony that would claim a violation of Stein's first amendment and ultimately by not hearing the testimony would be denying him due process of the law.
A hearing is scheduled for this Friday in which Stein will accuse the military of denying his free speech and due process rights in front of a federal judge.
Although I briefly know little about military proceedings and how they deal with violations, but if their rule does state that the rules apply to commissioned officers why can't Stein be entitled to his first amendment rights? It will be interesting to see what the federal judge decides on this matter.
http://www.cnn.com/2012/04/10/us/marine-obama/index.html?npt=NP1
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