Judge denies request to block Marine’s dismissal

Judge denies request to block Marine’s dismissal

SAN DIEGO (AP) — A federal judge has denied a request to block discharge proceedings of a Camp Pendleton Marine who faces being kicked out of the military and loss of benefits for criticizing President Barack Obama on Facebook.

U.S. District Judge Marilyn Huff ruled today in San Diego that the military has the right to respond to Sgt. Gary Stein’s online comments. She also notes he is allowed to appeal if he is discharged.

Stein’s lawyers say the military is unfairly punishing Stein and the proceedings violate his free speech rights.

A military panel has recommended Stein be given an other-than-honorable discharge. A general will now decide.

Stein plans to continue to fight outside the military and go to the 9th U.S. Circuit Court of Appeals.