Judge: Base officials violated free speech rights

[Phantom Blooper]

April 01, 2010 9:17 AM
LINDELL KAY

Camp Lejeune’s commanding officer violated a base civilian employee’s free speech rights in 2008 by banning his anti-Islamic emblazoned car, a federal judge ruled Wednesday.

Retired Marine Gunnery Sgt. Jesse Nieto filed a lawsuit in U.S. District Court two years ago after base officials determined he could no longer drive his Toyota with decals and bumper stickers displaying anti-Islamic symbols and language onto any military installation. A civilian employee since 1994, Nieto had displayed the bumper sticker messages including a decals that reads “Islam = Terrorism” and the image of a cartoon boy urinating on the picture of a Muslim since 2001.

Senior United States District Court Judge Malcolm Howard recognized the lawsuit’s main defendant, base commanding officer Col. Richard Flatau’s broad discretion in restricting a wide range of expressive activity aboard base, but ruled he could not use traffic regulations to discriminate against Nieto’s opinion.

“While military officials are entitled to great deference in restricting speech to further the military’s needs, they may not do so in a manner that discriminates against a particular point of view,” Howard ruled.

Since base officials have violated Nieto’s right to free speech with the use of bumper sticker restrictions, the base cannot use the regulations to limit free speech in the future, Howard stated in his 16-page ruling.

“Defendants, their employees, agents and successors in office, are hereby permanently enjoined from enforcing Base Traffic Regulation BO 5566.2M, Chapter 2, paragraph 7 in a manner that discriminates against speech based on the viewpoint expressed,” Howard stated.

The restriction carried over to Arlington National Cemetery where Nieto’s son, Marc, was buried after dying in the 2000 terrorist attack on the USS Cole that also killed 16 other sailors. Nieto, who served two tours of duty in Vietnam War as an infantryman, was not allowed to drive the vehicle into the cemetery, according to the order from base traffic court officer Lt. Col. James Hessen, who was also named as a defendant in the lawsuit.

By testifying that they would allow positively-perceived bumper stickers about the Islamic faith, base officials demonstrated they were being selective in their restrictions, said Nieto’s attorney, Robert J. Muise, Senior Trial Counsel for the Thomas More Law Center.

"During testimony base officials said they would permit bumper stickers with messages that said 'Islam equals peace,'" Muise told The Daily News late Wednesday in a telephone interview from Michigan. "By allowing messages representing something Mr. Nieto does not believe in, but banning him from expressing something he holds true, the base violated his Constitutional rights."

Muise, a former Marine officer of 13 years who was assigned to Camp Lejeune twice, said Nieto was in Texas for the rest of the week, but he would be back to work aboard Camp Lejeune on Monday and will be displaying his bumper stickers.

Nieto’s local attorney, Jacksonville lawyer Wally Paramore called Muise’s success in the case a “protection of our freedom of speech.”

“This victory means a great deal to (Nieto) and his commitment to free speech and our country was one of the key reason I joined in this effort,” Paramore said.

Base officials did not immediately return e-mails concerning the ruling.

A Virginia-based free speech watchdog group “honored” Camp Lejeune with a “Muzzle Award” in April 2009 for what they said was a violation of Nieto’s freedom of speech.

“The decision to target Nieto’s opinions seemed purely content-based and arbitrary,” the Thomas Jefferson Center for the Protection of Free Expression announced last year.

Contact Lindell Kay at 910-219-8456 or lkay@freedomenc.com.

[ggyoung]

It's hard to believe a judge ruling in favor of this Marine. They both have the balls to do this. It is good to read things like this.

[Kegler300]

I didn't find it hard to believe he won his case. I've seen his car and the sticker. I also provided all of the base documents to his attorney that presented his case. He'll be back at work next week with Public Works aboard Camp Lejeune.

[Phantom Blooper]

I was with F2/8 and he was with G2/8 as a GYSGT...good man.

Sorry for his loss!

[Garyius]

I don't think this will stand up in the appeals court. The Fort Dix supreme court case about on-base speech restriction powers of a base commander was pretty clear.

[AAV Crewchief]

Retired Marine Gunnery Sgt. Jesse Nieto filed a lawsuit in U.S. District Court two years ago after base officials determined he could no longer drive his Toyota with decals and bumper stickers displaying anti-Islamic symbols and language onto any military installation. A civilian employee since 1994, Nieto had displayed the bumper sticker messages including a decals that reads “Islam = Terrorism” and the image of a cartoon boy urinating on the picture of a Muslim since 2001.


HAHHAHAA I need to meet this man and shake his hand.

[buggoffextco]

I stand by his side, I applaud his stones for challenging and I support and agree with his position. Semper Fi Gunny!

[MarshRunner]

Uh-Rahhhh!!!!

[doc h fmf]

OF all things I was suprised that the LT.COL would do that, at LEJUENE OR ARLINGTON CEMETARY,I am glad that GYSGT won. Godbless him.