US Marine Sgt. Gary Stein will reportedly be administratively separated with an “Other than Honorable” discharge as a result of his “political” Facebook activities:<\/p>\n
The Commanding General for Marine Corps Recruit Depot San Diego…has approved the board\u2019s recommendation that Sgt. Stein be separated from the Marine Corps with an “other than honorable” discharge.<\/p><\/blockquote>\n
The Sgt’s case is so high profile the Marines took the unusual step of publishing a press release just on the General’s decision.\u00a0 It also noted the OTH discharge is used when<\/a><\/p>\n
the basis for separation is the commission of a serious offense which is a significant departure from the conduct expected of a Marine.<\/p><\/blockquote>\n
Some press reports have noted the OTH status of his departure from the military will make him ineligible for veterans’ benefits<\/a>.\u00a0 In fact, it is a mark that will follow him for the rest of his life, and could even make getting a civilian job difficult.<\/p>\n
On one hand, Sgt Stein claimed he was exercising his right to free speech<\/a>; on the other, he said he carefully followed the rules given.<\/p>\n
To the former, the US Supreme Court has recognized the military’s ability to restrict even the Constitutional rights of its members.\u00a0 (For comparison, see Goldman v Weinberger<\/em>, in\u00a0which a US military regulation prohibiting a Jewish yarmulke was upheld, and Rigdon v Perry<\/em>,\u00a0in which a policy restricting\u00a0calls for political involvement by\u00a0religious leaders in the military was struck down.\u00a0 Cases here<\/a>.)\u00a0 While not without limitation, it seems reasonable the Supreme Court would uphold a military policy on speech restrictions.<\/p>\n
To the latter issue on rules, there is room for some debate<\/a>.\u00a0 Even the US Marine’s JAG has requested that policies be updated<\/a> to reflect the realities of social media.<\/p>\n