Freedom of Speech and its Limitations: How one Soldier’s Civil Right is not his Military Right

The drama of the Iowa Caucus kept me up until two a.m. I watched as the narrow race between Romney and Santorum was ultimately decided by only eight votes (every vote really does count!).  The other big winner of the evening, besides the incredible surge for Rick Santorum, was that of Ron Paul.  Even though Paul came in third, he carried 21.4 percent of the vote, losing by only 3,796 votes from the first place Santorum, and his speech at the end of the night had a tone of victory rather than defeat.  But the biggest controversy of the night, other than a Libertarian running as a Republican doing so well in the caucus, was the comments by Corporal Jesse Thorsen. As a former U.S. Navy Submariner myself, I wasn’t shocked by his words so much as the fact that he said them at all.

Earlier that night CNN’s Deborah Bash interviewed Cpl. Thorsen, a twenty-eight year old, ten-year active-duty Army veteran in uniform, who served in Afghanistan, who claimed that Ron Paul was the candidate for him.  He proclaimed that he “was excited about a lot of [Ron Paul’s] ideas, especially when it comes to bringing the solders home… I would like to see a little peace time army.”  After these comments he was proud to show off the tattoo on his neck of the Twin Towers with the phrase “remember.”  Debra Bash then asked his thoughts on the fact that the Republican majority considers Ron Paul a threat because of his isolationist ideas that include bringing troops home, not only from Afghanistan but from across the world too.  Cpl. Thorsen responded with “I think I will be more dangerous to start nit-picking wars…like Iran. Israel is more than capable…”.  Just then the feed from Iowa went out and the viewers were directed back to Wolf Blitzer for more general coverage.  I thought at the time, “this guy is going to get in a lot of trouble back on base for voicing his opinions,” and I presumed I would never hear from him again.  I was wrong.

Courtesy of DonkeyHotey via Flickr

In Ron Paul’s victory speech, he announced that he had another guest speaker who “didn’t quite get to finish his statement [and to] explain why he fights for the constitution.”  To my amazement, Cpl. Thorsen walked with confidence in battle fatigues across the stage to shake Ron Paul’s hand.  With the gusto of a master orator, Cpl. Thorsen stated on national television that “if any man has a vision for this country it is definitely him” as he pointed to the grinning Ron Paul.  He went on to say, “His foreign policy is by far, hands down, better than any candidates… We don’t need to be picking fights over seas, and I think every one knows that too.”  After becoming a bit star-struck by standing next to Ron Paul, he added, “We are going to go to New Hampshire, we are going to get involved, we are going to keep getting online, we are going to keep talking to people, and we are going to make sure that this man is the next President of the United States!” I stood in my living room, mouth agape, watching Cpl. Thorsen utter statements that he did not have the authority to make.

Cpl. Thorsen may now be a footnote in history or this may be a springboard for his life in politics.  Regardless, for now, being an active duty service member, he will have to face the consequences for his actions.  In my experience, one of the first things they tell you is, that while in uniform, you are not permitted to make any public statement. I learned very early on in the Navy that one of the worst things, next to dying, was “to be on CNN.”  What my training was referring to was the result of a scandal, that was unknown to me in the past, and was exacerbated by the comments of a junior enlisted person without all the facts. The other tragic scenario that was given to us was that some disaster had befallen the submarine you were stationed on (USS Greenville[1]), and the media has a tendency to throng around submarine disasters, as we have recently seen in Russia[2] and would do anything to find out all the facts of what transpired.  For these scenarios, as well as others, the Department of Defense enforces a mandate, like any corporation would; to control information so as a complete truth can be told that is not muddled by hearsay and rumor.

But isn’t Cpl. Thorsen just living up to the values of the constitution he swore to defend?  Are his actions really out of line?  Ron Paul represents an idea and his campaign slogan has been based upon “taking back America.” Many of his advertisements have the word revolution written all over them.  Thomas Jefferson called for a revolution every generation to “water the tree of liberty with the blood of patriots.”  Doesn’t Ron Paul and Cpl. Thorsen’s actions keep with the founder’s vision? And really, isn’t voicing your opinion in public what America is all about?

No, because Cpl. Thorsen is employed by the U.S. Military, he is in violation of what the Department of Defense calls its Political Activities by Members of the Armed Forces Directive.  It is codified into general order DoD Directive 1344.10, which clearly states in clause 4.1.2.5 “A member of the Armed Forces on active duty shall not… Speak before a partisan political gathering, including any gathering that promotes a partisan political party, candidate, or cause,” among other violations perpetrated by Cpl. Thorsen.  Military personnel may not publically endorse a candidate for the very same reason why members of any corporation may not do the same.  The public interpretation of a uniformed individual gives the impression that the military, or corporation, is in full support of a particular candidate.  Especially with his use of the word ‘we’ in his closing statements and the phrase ‘everyone knows it’ when referring to Paul’s foreign policy.

At any rate, Cpl. Thorsen will face repercussions for his actions by military decision.  Not only that, but also the military in general will hold a General Military Training (GMT) session on how to deal with the media.  If no one in his unit knew who he was even after his fifteen minutes of fame, they surely will after they hold a mandatory training about him. I referred to Cpl. Thorsen throughout this article by his rank to reference the fact that even though he may have been low raking, he still holds an official title and needs to be held accountable, just as anyone with a title should. Cpl. Thorsen’s low rank coupled with his time in service implies that he may not have been aware of DoD Directive 1344.10 or that he forgot about it; but if and when Cpl. Thorsen is punished, Ron Paul will more than likely use it to his advantage to show how the government treats its patriots.  The media will depict Cpl. Thorsen as a victim of the system that needs reform giving Paul and his supporters more ammunition for their cause.

However, in the eventuality of a Ron Paul Presidency, the Libertarian agenda would more than likely ensure that people like Cpl. Thorsen would be out of work and without a social safety net to keep them out of poverty.  The tattoos on Cpl. Thorsen neck in all likelihood will keep him out of gainful employment with nowhere to turn and probably cursing the day he supported Ron Paul.  There is no doubt that Cpl. Thorsen is a patriot and an excellent citizen for serving our country and becoming politically active.  That said, as a member of the armed forces, he is required to follow regulation and his behavior does not live up to the highest standards of military service.

 

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