Judge: Premature to block midshipman's expulsion over Breonna Taylor tweets

[Eugene]

Source: Associated Press

Judge: Premature to block midshipman’s expulsion over tweets

By MICHAEL KUNZELMAN
December 23, 2020

COLLEGE PARK, Md. (AP) — A federal judge in Baltimore has ruled that it is premature for her to decide whether to block the U.S. Naval Academy from expelling a midshipman for posting social media messages deemed to be crude, noting a senior Navy official has not made a final disciplinary decision.

U.S. District Judge Ellen Hollander agreed Tuesday to dismiss Chase Standage’s lawsuit and denied the 21-year-old midshipman’s request for a preliminary injunction allowing him to graduate from the academy. She dismissed the case “without prejudice,” which means Standage can try to revive his claims after a later stage in his disciplinary proceedings.

The academy’s superintendent recommended disenrolling the white midshipman over a string of tweets, including one in which he said Breonna Taylor received “justice” on the day police in Louisville, Kentucky, killed the Black woman during a drug raid.

Standage sued to block his separation from the academy, claiming it violated his First Amendment right to freely express his views. But the judge concluded Standage’s claims are not “ripe” because his case has not been decided yet by a more senior official: Catherine Kessmeier, Assistant Secretary of the Navy for Manpower and Reserve Affairs.

-snip-

Read more: https://apnews.com/article/breonna-taylor-media-lawsuits-social-media-kentucky-1ab649c390b0937b21a160cc1d925b0e

[mr_lebowski]

1. Yeah ... I'm not positive but I think your '1st Amendment rights' are curtailed when you sign up

for the military.

Pretty sure this guy doesn't actually understand that the amendment just says you can't be prosecuted for what you say.

Doesn't say anything about being expelled from school. Esp. not a military academy.

You're free to SAY it, but there's no guarantee there will not be consequences ... they just won't be jail.

Pretty simple concept.

[lapfog_1]

3. yup

military especially... but anytime anyone enters a federal facility you give up a bunch of rights.

For example I worked at NASA for many years. During that time my car was pulled over on base frequently and drug sniffing dog teams were used to sniff my car, I was ordered to open the trunk so they could search for "illegal items".

These were checkpoint stops... I wasn't pulled over for a traffic violation, they were searching all the cars.

And it's legal.

Also, many OSHA regulations on workplace safety don't apply at a federal facility, nor do EPA regulations.

[Irish_Dem]

2. He is unfit to serve as an officer in the United States Navy. nt