Judge rejects anti-Obama Marine's appeal

This undated photo released courtesy of Gary Stein shows the Camp Pendleton U.S. Marine, Stein, who has been criticizing President Obama on his Facebook page. U.S. Marine Sgt. Gary Stein says he has the right to his opinion like every American and will fight any reprisals by the Corps. Military observers disagree and say service members cannot speak out against their commander-in-chief, especially in wartime. AP Photo/Courtesy Gary Stein

(AP) SAN DIEGO - A discharge hearing for a Camp Pendleton Marine who publicly criticized President Obama will go forward.

City News Service reports a San Diego federal judge on Wednesday rejected 26-year-old Sgt. Gary Stein's request for an emergency temporary restraining order to stop Thursday's planned hearing.

Stein faces an "other than honorable" discharge for starting a Facebook page called Armed Forces Tea Party to encourage fellow service members to exercise their free speech rights.

Marine's Obama criticism tests free speech rules

The military has had a policy since the Civil War limiting the free speech of service members, including criticizing the commander in chief.

Stein has been a Marine Corps member for nine years.

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