There are reasonable arguments for both sides of this case, though I have to side with the military in this case. This case does beg the argument whether the First Amendment wears a uniform? It then is not too much of a stretch to ask if your First Amendment rights end at the school house doors? The Supreme Court has sent a resounding Yes through recent history for both questions. Speech is limited in schools in cases of sexual innuendo, and illegal drugs, and in the military by Parker v. Levy that state the militart is s society of it's own and therefore can place restrictions. Finally speech by government employees can be limited if is a matter of public concern.
The Marine's speech, at least in my opinion, is a matter of public concern therefor can be limited. I give this question as an example. If the Sargent is true to his word, he would not disarm Americans. What if it were the case that the Americans he was ordered to disarm were in open insurection of the government, and the Constitution he was swarn to protect? It would seem then that his comments raise a worthy amount of concern for public safety and call into question the true intent of theMarine in question.
A second issue arises when you consider that the Sargent had been warned before about comments made on his Facebook and ordered to stop. It is reasonable that he was venting frustration at the current state of affairs but to continue to do so after being ordered to stop is a direct violation of the miltary chain of command. Such offense could warrant a court marshal and dishonorable discharge.
Finally one could argue that if the Sargent held so dear his First Amendment rights, why did he knowning join the armed services? It is a well known fact that service to our country requires a certain number of sacrifices that are not bestowed on those who do not. If the Marine fells compared to speak out, then perhaps he should resign his enlistment and speak out as a civilian. Would that not make a better, more pointed statement to take such actions than to simply fight the system from within?
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