Soldier Exercises Free Speech-Gets Arrested

You don't seem to understand what is happening. He didn't get arrested for refusing to deploy. He got arrested for a song he sent to the Pentagon in July 09'. Someone is exploiting the Ft Hood shooting to try and keep it quiet that stop loss is having a very negative reaction. Putting Hall's song in the centerpiece is a way of demonizing him so the pro war crowd can say he's a nutbag so it doesn't matter what he says. I agree he should follow his commitment but from my view that would mean protesting deployment due to an illegal occupation. If it was a legit conflict I wouldn't support his protesting at all.

I do understand, that is the exact reason I posted what I did, to show that this young man knew exactly what he was doing when he sent that song and should have known what to expect in the form of disciplne for doing so. We won't go back through the debate over Free Speech in the military as you seem to know there is none. So what this boils down to is a young man that has violated the UCMJ and because he feels that the "stop-loss" policy is unfair that somehow gives him a right to override the UCMJ and exercise and freedom he clearly does not have. If he had wanted this Freedom in the first place Curve, or desired it, or was opposed to the DoD's policy on "stop-loss" then I suggest he should not have walked into the Recruiters office 5 years after its implementation and joined the Army in the first place.


If the song was such a problem why did they wait six months to arrest him for it? Clearly he was not a danger to himself or his unit as he was cleared by his COC and a Psych eval after he sent the song.

You know as well as I do that 6 months is not a very long time in terms of an investigation leading to arrest , unless your talking about some sailor sent to Captains Mast for some problem while on shore leave. As far the the timing goes your asking me to speculate on what his evals were. perhaps they had no idea on the video.
 
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What I'm driving at is Ready Reserves already drill once a month and for 2 weeks...whereas IRR members finished their active duty time and are just finishing out their contract without drilling or any contact with the military. Now if there was a critical specialty( i.e. SEAL, EOD, Special Forces, Medic/Corpsman) that required them to be recalled that's a different story. The services would call a RR drilling reservist to active duty because it would be cheaper and then if the necessary specialties still weren't filled, they tap the IRR's.


Ready Reserves do not drill. I believe I posted the link more than once that defined the RR. I see you conveniently ignored that. You fucked up. Admit it and move on.

Your stupidity and lack of knowledge on anything military is quite entertaining.
Selected Reserve (also called SELRES, SR, or mistakenly Selective Reserve) is a term that describes both the members of a U.S. military Ready Reserve unit that are enrolled in the Ready Reserve program
Selected Reserve members are considered to be in Active status. They are required to complete a specified number of drill periods per year by reporting to their reserve unit and completing the prescribed training. They are also required to complete a two week period of job-specific training. Selected Reserve members receive pay and benefits and are issued the same DOD Geneva Conventions Identification Card that Active Duty service members receive....

Now...shut your pie hole biatch.
 
First of all....many of the IRR soldiers have been off active duty for a while and have jobs in the civilian sector. You can't just uproot them and send them off to war. They don't meet the criteria for remobilization. The General's in charge of the Reserve Forces don't pay much attention to left wing whining points and stupid movies about stop loss.


The IRR doesn't meet the criteria for remobilization? Have you shared this information with the Pentagon and DOD? They could use an obviously genius military adviser. Why do you think the IRR exists?

As for Stop Loss....once again you prove to put your partisan agenda above all else. Conservatives (not neocons and their supporters) as well as Liberals are against Stop Loss. The problem with people like you is not having the first damn clue how to defend your positions so you avoid defending them on their own merits and instead choose to demonize dissenters. That way you can avoid revealing your own inability for the debate while also not addressing points made by others. It's stale.

Your bluring the line between READY RESERVE and IRR....IRR's DO NOT DRILL and therefore are at the bottom of the list UNLESS they volunteer to be re-instated to active duty.

READY RESERVISTS ARE WEEKEND WARRIORS AND DRILL! The services will TAKE THEM before re-activating an IRR. Read the USA Today article.
You should really try to get your facts straight before posting.

That was your claim. That was flat out wrong as I showed the Ready Reserves includes the IRR.

"The Ready Reserve consists of the Selected Reserve, Individual Ready Reserve and Inactive National Guard. To learn more about these three subcategories, see the Topics Index on the right."
Military.com Resources

You can't squirm out of it like you do everything else when you're flat out wrong.
 
I do understand, that is the exact reason I posted what I did, to show that this young man knew exactly what he was doing when he sent that song and should have known what to expect in the form of disciplne for doing so. We won't go back through the debate over Free Speech in the military as you seem to know there is none. So what this boils down to is a young man that has violated the UCMJ and because he feels that the "stop-loss" policy is unfair that somehow gives him a right to override the UCMJ and exercise and freedom he clearly does not have. If he had wanted this Freedom in the first place Curve, or desired it, or was opposed to the DoD's policy on "stop-loss" then I suggest he should not have walked into the Recruiters office 5 years after its implementation and joined the Army in the first place.


If the song was such a problem why did they wait six months to arrest him for it? Clearly he was not a danger to himself or his unit as he was cleared by his COC and a Psych eval after he sent the song.

You know as well as I do that 6 months is not a very long time in terms of an investigation leading to arrest , unless your talking about some sailor sent to Captains Mast for some problem while on shore leave. As far the the timing goes your asking me to speculate on what his evals were. perhaps they had no idea on the video.

Now you are ignoring the facts. He was investigated for the song right after he sent it to the Pentagon by his COC and a psych eval. The investigation did not happen this past December. It was over with months ago.
 
After learning the Military reneged on it's contract to allow Spc Hall out of the Army after serving 4 years he wrote a protest song containing violent lyrics. In response, the military arrested him. Stop Loss has been a quiet thunder for quite a few years. For those who don't know, Soldiers face the ultimate of morose ironies. They voluntarily offer to Sacrifice their lives to defend the Constitution but they themselves have to foreit the Constitution in the process. The UCMJ is the supreme law of their land, not the Constitution. They do not have Freedom of the Press, Expression, or Speech. So the question is this: Should those who Sacrifice their lives defending Free Speech be prosecuted for exercising Free Speech?
Soldier at US base jailed for angry rap song - NewsFlash - al.com

actually, it's my understanding that the contract allows for modification based on need a la stop loss.

whether he was right or whether he was wrong, he did give up his right to freedom of speech the day he put on the uniform.
 
After learning the Military reneged on it's contract to allow Spc Hall out of the Army after serving 4 years he wrote a protest song containing violent lyrics. In response, the military arrested him. Stop Loss has been a quiet thunder for quite a few years. For those who don't know, Soldiers face the ultimate of morose ironies. They voluntarily offer to Sacrifice their lives to defend the Constitution but they themselves have to foreit the Constitution in the process. The UCMJ is the supreme law of their land, not the Constitution. They do not have Freedom of the Press, Expression, or Speech. So the question is this: Should those who Sacrifice their lives defending Free Speech be prosecuted for exercising Free Speech?
Soldier at US base jailed for angry rap song - NewsFlash - al.com

actually, it's my understanding that the contract allows for modification based on need a la stop loss.

whether he was right or whether he was wrong, he did give up his right to freedom of speech the day he put on the uniform.

That is true. Do you think troops should have FOS? I'm going to start a poll. This is very curious.
 
After learning the Military reneged on it's contract to allow Spc Hall out of the Army after serving 4 years he wrote a protest song containing violent lyrics. In response, the military arrested him. Stop Loss has been a quiet thunder for quite a few years. For those who don't know, Soldiers face the ultimate of morose ironies. They voluntarily offer to Sacrifice their lives to defend the Constitution but they themselves have to foreit the Constitution in the process. The UCMJ is the supreme law of their land, not the Constitution. They do not have Freedom of the Press, Expression, or Speech. So the question is this: Should those who Sacrifice their lives defending Free Speech be prosecuted for exercising Free Speech?
Soldier at US base jailed for angry rap song - NewsFlash - al.com

I am not a fan of the Stop Loss clause, but the bottom line is that every soldier is aware that they can be called back into or to continue active duty if necessary under the stop loss provision once their contractual time is up. If they don't want to accept that they shouldn't enlist.
 
I'll buy that this soldier is somewhat a victim of circumstance. After Hood, the Army isn't going to fool around with any threats or telegraphs of violence. I don't blame them.

It might not be fair, but life isn't fair. He knew he was putting himself out there when he wrote this and (bizarrely) sent it to the Pentagon.

Had hood not have happened, it might not have been a big deal. But Hood did happen, and now it is a big deal.
 
The IRR doesn't meet the criteria for remobilization? Have you shared this information with the Pentagon and DOD? They could use an obviously genius military adviser. Why do you think the IRR exists?

As for Stop Loss....once again you prove to put your partisan agenda above all else. Conservatives (not neocons and their supporters) as well as Liberals are against Stop Loss. The problem with people like you is not having the first damn clue how to defend your positions so you avoid defending them on their own merits and instead choose to demonize dissenters. That way you can avoid revealing your own inability for the debate while also not addressing points made by others. It's stale.

Your bluring the line between READY RESERVE and IRR....IRR's DO NOT DRILL and therefore are at the bottom of the list UNLESS they volunteer to be re-instated to active duty.

READY RESERVISTS ARE WEEKEND WARRIORS AND DRILL! The services will TAKE THEM before re-activating an IRR. Read the USA Today article.
You should really try to get your facts straight before posting.

That was your claim. That was flat out wrong as I showed the Ready Reserves includes the IRR.

"The Ready Reserve consists of the Selected Reserve, Individual Ready Reserve and Inactive National Guard. To learn more about these three subcategories, see the Topics Index on the right."
Military.com Resources

You can't squirm out of it like you do everything else when you're flat out wrong.

Here is your claim RIGHT ABOVE YOU DIPSHIT!!!!
I believe I posted the link more than once that defined the RR.
Here is YOUR LIE!!!!!
Ready Reserves do not drill.
Here is where I proved what I said is true beyond a reasonable doubt.
Selected Reserve (also called SELRES, SR, or mistakenly Selective Reserve) is a term that describes both the members of a U.S. military Ready Reserve unit that are enrolled in the Ready Reserve program
Selected Reserve members are considered to be in Active status. They are required to complete a specified number of drill periods per year by reporting to their reserve unit and completing the prescribed training. They are also required to complete a two week period of job-specific training. Selected Reserve members receive pay and benefits and are issued the same DOD Geneva Conventions Identification Card that Active Duty service members receive....
Now...once again your pathetic google vet ass has been shot down. Shut your pie hole biatch.
 
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He didn't do the song to represent the military. He did it to represent himself in protest for being forced to stay in the military a full year past his contract.

His contract was for 8 YEARS. 4 on active duty and 4 more where he could be CALLED to active DUTY. Guess what? They called him. You may want to actually learn what you are talking about before you sound off like an idiot.


It's always funny when people like yourself make assumptions them do a little soap box parade based o your owm ignorance. If you had paid attention at all to the thread you would know I'm aware of the IRR. Maybe you don't have the balls to be honest about it but I know for the longest time it was commonly understood the chances of being called up on IRR were very slim. Many Troops, over 180,000 have been hit with Stop Loss. I'm not complaining about the program itself. I'm saying all soldiers should share in the responsibility. Instead of doing a stop loss on all active duty we should rotate a certain percentage of the RR. Why only activate those on active duty? Why not hold the RRs accountable for their obligation?



(btw, did you ever come to terms with the fact it was the CPA that gave Blackwater full immunity and not any Treaty with Iraq? Yeah. It pisses me off when you bitch up and down about being informed but refuse to admit when you are guilty of ignorance. I'll call you out every time.)

Moron. For one thing it is cheaper to keep already active members active then it is to call up a fat out of shape dude that has been out 2 years. But hey don't let reality get in your way of a good whine and rant. As for Blackwater the State Department gave them immunity you dumb ass.
 
I'll buy that this soldier is somewhat a victim of circumstance. After Hood, the Army isn't going to fool around with any threats or telegraphs of violence. I don't blame them.

It might not be fair, but life isn't fair. He knew he was putting himself out there when he wrote this and (bizarrely) sent it to the Pentagon.

Had hood not have happened, it might not have been a big deal. But Hood did happen, and now it is a big deal.


He sent the song to the pentagon months before the Hood shooting.
 
His contract was for 8 YEARS. 4 on active duty and 4 more where he could be CALLED to active DUTY. Guess what? They called him. You may want to actually learn what you are talking about before you sound off like an idiot.


It's always funny when people like yourself make assumptions them do a little soap box parade based o your owm ignorance. If you had paid attention at all to the thread you would know I'm aware of the IRR. Maybe you don't have the balls to be honest about it but I know for the longest time it was commonly understood the chances of being called up on IRR were very slim. Many Troops, over 180,000 have been hit with Stop Loss. I'm not complaining about the program itself. I'm saying all soldiers should share in the responsibility. Instead of doing a stop loss on all active duty we should rotate a certain percentage of the RR. Why only activate those on active duty? Why not hold the RRs accountable for their obligation?



(btw, did you ever come to terms with the fact it was the CPA that gave Blackwater full immunity and not any Treaty with Iraq? Yeah. It pisses me off when you bitch up and down about being informed but refuse to admit when you are guilty of ignorance. I'll call you out every time.)

Moron. For one thing it is cheaper to keep already active members active then it is to call up a fat out of shape dude that has been out 2 years. But hey don't let reality get in your way of a good whine and rant. As for Blackwater the State Department gave them immunity you dumb ass.


So soldiers who have been out two years are fat and out of shape? Wow. You have an extremely low opinion of Vets. As for Blackwater, you kept screaming they were given immunity by Iraq through a Treaty with the US. Now you want to pretend you didn't make that claim? For you SD claim......no shit. We know the SD gave them immunity from prosecution in the US.
AP: U.S. gave immunity to Blackwater guards - USATODAY.com


We weren't talking about Stateside prosecutions. It was the fact the US hired Blackwater to operate in Iraq then made sure they had full immunity from any prosecution in Iraq. When I showed you it wasn't from any Treaty you went scurrying away.


"In 2004 a law drawn up by the Coalition Provisional Authority (CPA) - the now-defunct interim body set up by the US-led coalition in the wake of the fall of Saddam Hussein - had granted firms like Blackwater immunity from prosecution under Iraqi law."
news.bbc.co.uk/2/hi/7000645.stm
 
Your bluring the line between READY RESERVE and IRR....IRR's DO NOT DRILL and therefore are at the bottom of the list UNLESS they volunteer to be re-instated to active duty.

READY RESERVISTS ARE WEEKEND WARRIORS AND DRILL! The services will TAKE THEM before re-activating an IRR. Read the USA Today article.
You should really try to get your facts straight before posting.

That was your claim. That was flat out wrong as I showed the Ready Reserves includes the IRR.

"The Ready Reserve consists of the Selected Reserve, Individual Ready Reserve and Inactive National Guard. To learn more about these three subcategories, see the Topics Index on the right."
Military.com Resources

You can't squirm out of it like you do everything else when you're flat out wrong.

Here is your claim RIGHT ABOVE YOU DIPSHIT!!!!

Here is YOUR LIE!!!!!
Ready Reserves do not drill.
Here is where I proved what I said is true beyond a reasonable doubt.
Selected Reserve (also called SELRES, SR, or mistakenly Selective Reserve) is a term that describes both the members of a U.S. military Ready Reserve unit that are enrolled in the Ready Reserve program
Selected Reserve members are considered to be in Active status. They are required to complete a specified number of drill periods per year by reporting to their reserve unit and completing the prescribed training. They are also required to complete a two week period of job-specific training. Selected Reserve members receive pay and benefits and are issued the same DOD Geneva Conventions Identification Card that Active Duty service members receive....
Now...once again your pathetic google vet ass has been shot down. Shut your pie hole biatch.

It was my mistake to say Ready Reserves do not Drill because the RR contains groups that Drill (Selected Reserve) and those that do not Drill, like the IRR. Not all Ready Reservists drill as seen by the evidence I provided:

"The Ready Reserve consists of the Selected Reserve, Individual Ready Reserve and Inactive National Guard. To learn more about these three subcategories, see the Topics Index on the right."
Military.com Resources


The difference between us is I have no problem admitting when I make an error. Whereas you refuse to make such an admission then try to imply a Combat Vet is lying about his service. Kudos.
 
Guess I'll chime in. I know it's already been posted and most already know but as far as free speech in the military:

freedom of speech, Military

"A significant and much publicized military first amendment case of recent times was United States v. Howe.14 Howe, a second lieutenant stationed at Fort Bliss, Texas, was convicted of using contemptuous words against the President and conduct unbecoming an officer and gentleman, in violation of articles 88 and 133, Uniform Code of Military Justice. Specifically, he had participated in a demonstration in downtown El Paso and was observed by military police while carrying a sign reading: "Let's have more than a choice between petty ignorant fascists in 1968," and, on the reverse side, "End Johnson's fascist aggression in Vietnam." Lieutenant Howe appealed his conviction to the Court of Military Appeals, arguing, in part, that the charges against him violated his first amendment rights.

In affirming the conviction, the military high court answered the first amendment question by relying on the principle of civilian control over the military. Traditionally, members of the armed forces, particularly officers, have been restricted from using contemptuous words against or otherwise maligning the policies of the civilian leadership. Beginning with the adoption of the first Articles of War in 1775, Congress and other civilian leaders have sanctioned this restriction in order to prevent the possibility of a military coup. In applying this principle to the Howe case, the court stated:

True, petitioner is a reserve officer, rather than a professional officer, but during the time he serves on active duty, he is, and must be, controlled by the provisions of military law. In this instance, military restrictions fall upon a reluctant "summer soldier"; but in another time, and differing circumstances, the ancient and wise provisions insuring civilian control of the military will restrict the "man on the white horse "15

The rationale offered by the USCMA in its Howe decision traces the necessity of civilian supremacy over the military and the intent, from our earliest history, to use article 88 and its precursors to ensure that supremacy. Actual practice has not followed that intent, however. Past applications of article 88 have usually been confined to political activists, enemy sympathizers, and various types of malcontents. When civilian supremacy has actually been at stake, administrative actions, such as removal, reassignment, and forced retirement have been taken against the errant officer.16

A more recent military case that reached the Supreme Court, Parker v. Levy,17 has further defined the limits of military free speech. Dr. Levy was convicted for making disloyal and disrespectful comments to enlisted personnel intended to promote disaffection among the troops, in violation of articles 133 and 134, and for failure to obey a lawful order, in violation of article 92.

Although the issue on appeal was the vagueness and overbreadth of articles 133 and 134, the Supreme Court's decision has considerable application to the issue of military free speech rights. The Court said that while members of the armed forces were not excluded from the protection of the first amendment, a different application was required because of the fundamental need for obedience and discipline. Stressing this uniqueness, the Court stated that civilian first amendment standards do not automatically apply to the military.18

In reaching its decision, the Court relied on the Court of Military Appeals to explain the unique need of the military. The latter court stated in United States v. Priest:

In the armed forces some restrictions exist for reasons that have no counterpart in the civilian community. Disrespectful and contemptuous speech, even advocacy of violent change, is tolerable in the civilian community, for it does not directly affect the capacity of the Government to discharge its responsibilities unless it both is directed to inciting imminent lawless action and is likely to produce such action. In military life, however, other considerations must be weighed. The armed forces depend on a command structure that at times must commit men to combat, not only hazarding their lives but ultimately involving the security of the Nation itself Speech that is protected in the civil population may nonetheless undermine the effectiveness of response to command. If it does, it is constitutionally unprotected.19

This endorsement of the Priest decision clearly demonstrates the Supreme Court's application of the balancing test, weighing the peculiar needs of the armed forces as but one factor to determine the extent of military free speech rights."

Free Speech, the Military, and the National Interest
 
Thanks for posting that Gatekeeper. It seems people are generally in agreement for the reasons to deny 1st amendment protections. That argument is firmly anchored in the fallacy of begging the question. It is also extremely disrespectful to our Troops and paints them in the light of being children.
 
The Wehrmacht will not tolerate those who speak out. This man will be shot !

Seik Heil
 
That was your claim. That was flat out wrong as I showed the Ready Reserves includes the IRR.

"The Ready Reserve consists of the Selected Reserve, Individual Ready Reserve and Inactive National Guard. To learn more about these three subcategories, see the Topics Index on the right."
Military.com Resources

You can't squirm out of it like you do everything else when you're flat out wrong.

Here is your claim RIGHT ABOVE YOU DIPSHIT!!!!

Here is YOUR LIE!!!!!

Here is where I proved what I said is true beyond a reasonable doubt.
Selected Reserve (also called SELRES, SR, or mistakenly Selective Reserve) is a term that describes both the members of a U.S. military Ready Reserve unit that are enrolled in the Ready Reserve program
Selected Reserve members are considered to be in Active status. They are required to complete a specified number of drill periods per year by reporting to their reserve unit and completing the prescribed training. They are also required to complete a two week period of job-specific training. Selected Reserve members receive pay and benefits and are issued the same DOD Geneva Conventions Identification Card that Active Duty service members receive....
Now...once again your pathetic google vet ass has been shot down. Shut your pie hole biatch.

It was my mistake to say Ready Reserves do not Drill because the RR contains groups that Drill (Selected Reserve) and those that do not Drill, like the IRR. Not all Ready Reservists drill as seen by the evidence I provided:

"The Ready Reserve consists of the Selected Reserve, Individual Ready Reserve and Inactive National Guard. To learn more about these three subcategories, see the Topics Index on the right."
Military.com Resources


The difference between us is I have no problem admitting when I make an error. Whereas you refuse to make such an admission then try to imply a Combat Vet is lying about his service. Kudos.

Don't play that game with me pal...wearing your alleged status on your sleave looking for empathy from some other board members here....FUCK YOU....you are so fucking stupid you don't even know who or what component of reservists drill...did you take a couple rounds to the head? Is that why your so dense? FYI...I wasn't wrong. YOU were.
 
Here is your claim RIGHT ABOVE YOU DIPSHIT!!!!

Here is YOUR LIE!!!!!

Here is where I proved what I said is true beyond a reasonable doubt.

Now...once again your pathetic google vet ass has been shot down. Shut your pie hole biatch.

It was my mistake to say Ready Reserves do not Drill because the RR contains groups that Drill (Selected Reserve) and those that do not Drill, like the IRR. Not all Ready Reservists drill as seen by the evidence I provided:

"The Ready Reserve consists of the Selected Reserve, Individual Ready Reserve and Inactive National Guard. To learn more about these three subcategories, see the Topics Index on the right."
Military.com Resources


The difference between us is I have no problem admitting when I make an error. Whereas you refuse to make such an admission then try to imply a Combat Vet is lying about his service. Kudos.

Don't play that game with me pal...wearing your alleged status on your sleave looking for empathy from some other board members here....FUCK YOU....you are so fucking stupid you don't even know who or what component of reservists drill...did you take a couple rounds to the head? Is that why your so dense? FYI...I wasn't wrong. YOU were.


It's really very simple. You first claimed Ready Reservists Drill. That has been proven false as the RR is a term used to cover several groups. Some Drill, some do not. When I proved your claim wrong you then tried to change your original claim from "Ready Reservists" to the "Selected Reserves." The SR are a sub-group in the RR category, just like the IRR and ING.

"The Ready Reserve is the category of reservists most often called to active duty. Within the Ready Reserve, there are three categories: Inactive National Guard, Individual Ready Reserve and Selected Reserve."
Guide to Reserve status designations - Military Careers, military training, promotions - Army Times
 
Charges filed against Hall, of South Carolina, on Dec. 17, a week after he was jailed, say his threats weren't just confined to his rap recording. The charging document said he also told soldiers he would "go on a rampage" and that he "was planning on shooting the brigade and battalion commanders."

That's not protected speech.

After Fort Hood, I think the military is going to have little tolerance for verbal threats against the country or army - at least if you're not a member of a priviledged minority...

What they should do in the future however is have a special disclosure that recruits have to read and sign - acknowledging that the Stop Loss provision would allow the army to unilaterally extend their military term indefinitely.

I agree with the sentiment of the OP - Stop Loss is not fair - but it is legal.
 
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Charges filed against Hall, of South Carolina, on Dec. 17, a week after he was jailed, say his threats weren't just confined to his rap recording. The charging document said he also told soldiers he would "go on a rampage" and that he "was planning on shooting the brigade and battalion commanders."

That's not protected speech.

After Fort Hood, I think the military is going to have little tolerance for verbal threats against the country or army - at least if you're not a member of a priviledged minority...

What they should do in the future however is have a special disclosure that recruits have to read and sign - acknowledging that the Stop Loss provision would allow the army to unilaterally extend their military term indefinitely.

I agree with the sentiment of the OP - Stop Loss is not fair - but it is legal.


He should stick to his contract, challenge the deployment on the basis iraq is not legal, or get a dishonorable discharge. When he first produced the song last July there was no big hubbub about it. The military is now using it as a weapon against his deployment protest. If the song was that bad they should have charged him with it when they investigated but they did not.
 

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