OFF THE WIRE
SAN DIEGO -- A Camp Pendleton Marine is taking his First Amendment fight to the federal courts.
Attorneys representing Sgt. Gary Stein filed a lawsuit against the Department of Defense, Secretary of the Navy Ray Mabus, and Brigadier Gen. Daniel D. Yoo.
"I can confirm that my lawyers on behalf of me are filing a lawsuit in federal court," Stein said told Fox 5 Tuesday afternoon.
The nine-year Marine veteran is working with the ACLU and U.S. Justice Foundation in the lawsuit against his commanding officers and the Pentagon.
The suit is designed to stop his discharge proceedings in response to comments he made on Facebook.
Stein started the Armed Forces Tea Party Page in 2010, but he didn't get in trouble until he posted that he would not follow any unlawful orders given by President Obama.
He posted the controversial comment in an online thread regarding NATO allowing U.S. troops to be tried for Quran burnings in Afghanistan.
In that context, he said he would not follow orders from the president that involved detaining U.S. citizens or anything else he thought would violate their constitutional rights.
When Stein spoke to Fox 5 in March he said, "I never spoke on behalf of the military. I don't mean that I'm a Marine saying [President Obama is] the enemy. I'm Gary Stein a conservative, normal guy from Arizona who loves his country."
Stein is accused of violating a DoD rule that prohibits servicemembers from certain political activity.
According to the complaint submitted Tuesday, his attorneys are citing a 1997 case, "Rigdon v Perry," that they say protects a servicemember's right to free speech.
Stein has also gathered a large following on Facebook and Congressman Duncan Hunter is throwing his support behind him.
Stein is scheduled to go before the Administrative Separation Board on Thursday morning.
Attorneys representing Sgt. Gary Stein filed a lawsuit against the Department of Defense, Secretary of the Navy Ray Mabus, and Brigadier Gen. Daniel D. Yoo.
"I can confirm that my lawyers on behalf of me are filing a lawsuit in federal court," Stein said told Fox 5 Tuesday afternoon.
The nine-year Marine veteran is working with the ACLU and U.S. Justice Foundation in the lawsuit against his commanding officers and the Pentagon.
The suit is designed to stop his discharge proceedings in response to comments he made on Facebook.
Stein started the Armed Forces Tea Party Page in 2010, but he didn't get in trouble until he posted that he would not follow any unlawful orders given by President Obama.
He posted the controversial comment in an online thread regarding NATO allowing U.S. troops to be tried for Quran burnings in Afghanistan.
In that context, he said he would not follow orders from the president that involved detaining U.S. citizens or anything else he thought would violate their constitutional rights.
When Stein spoke to Fox 5 in March he said, "I never spoke on behalf of the military. I don't mean that I'm a Marine saying [President Obama is] the enemy. I'm Gary Stein a conservative, normal guy from Arizona who loves his country."
Stein is accused of violating a DoD rule that prohibits servicemembers from certain political activity.
According to the complaint submitted Tuesday, his attorneys are citing a 1997 case, "Rigdon v Perry," that they say protects a servicemember's right to free speech.
Stein has also gathered a large following on Facebook and Congressman Duncan Hunter is throwing his support behind him.
Stein is scheduled to go before the Administrative Separation Board on Thursday morning.