Father of Cole victim sues over ban of his anti-Islam decals

Posted to: Military


Retired Marine Jesse Nieto says officials at Camp Lejeune, N.C., violated his free speech and equal protection rights by demanding he remove decals critical of Islam from his car. Nieto, a civilian employee at the base, lost his son, Marc Ian Nieto, in the attack on the Cole in 2000. (Randy Davey | Military Times)



For more than six years, Jesse Nieto drove to work at Camp Lejeune, N.C., in a car that left no doubt about his views.

"Islam = terrorism" asserted one sticker on the back window of his maroon Scion. Another decal showed a cartoon boy urinating on the image of a turban-wearing man. A third, paraphrased to eliminate a curse word, said, Disgrace my flag, and I will defecate on your Quran.

His feelings stem from a personal tragedy: His son died in a terrorist attack on the Norfolk-based destroyer Cole in Yemen in 2000.

In August, base officials told Nieto, a retired Marine and civilian employee, to remove those stickers. He did.

Two weeks later, Nieto was ordered to remove two other decals critical of Islam on his car, or stop driving it onto base altogether.

Nieto refused to get rid of two sets of stickers, both of which show a star and a crescent moon - symbolic of Islam - with a red circle and line through them. One says, "We died they rejoiced." The other reads, "No quarter Islamic terrorist."

In November, Nieto filed a federal lawsuit contending that base officials violated his free speech and equal protection rights. If decals of Confederate flags and silhouettes of busty ladies are permitted on private vehicles at the base, the suit reasons, Nieto's political sentiments should be, too.

"It's political correctness run amok," said Robert Muise, an attorney with the Thomas More Law Center in Michigan, who is working for free on Nieto's case. "It's remarkable that given the situation we're in today, the wars we're fighting in Iraq and Afghanistan, that our own military would prohibit this speech."

A base spokesman, Maj. Nat Fahy, said in a written statement that the base received at least two formal complaints about Nieto's car in late July.

Camp Lejeune's inspector general and the Equal Employment Opportunity office decided the stickers "denigrated an entire religion based on the actions of a few who purportedly acted in the name of Islam," Fahy wrote.

As such, it constituted statutory religious harassment that was disruptive to good order and discipline.

Fahy noted that more than 90 Muslim Marines serve at three bases in eastern North Carolina.

There have been previous lawsuits about bumper stickers on military bases.

In 1995, a federal appeals court ruled that officials at Georgia's Robins Air Force Base could ban bumper stickers that embarrass or disparage the commander in chief.

The ban on Nieto's car goes further.

According to the lawsuit, Lt. Col. James Hessen, the base magistrate and traffic court officer, on Aug. 15 ordered Nieto not to bring his vehicle onto any federal installation until the stickers are removed.

Muise said that prevents Nieto from driving to two important places: Norfolk Naval Station, home to the memorial for the 17 sailors killed on the Cole in 2000, and Arlington National Cemetery, where there is a marker in his son's memory.

Petty Officer 2nd Class Marc Ian Nieto was an engineman aboard the Cole. He was 24 years old when he died.

Muise said Jesse Nieto's personal connection to the Cole bombing must be taken into account.

"It was a way for him, somewhat, to express his anger, express his sorrow, and grieve for his son," Muise said. "It's not a secret that Islamic terrorists blew up the USS Cole."

Muise argued in the lawsuit that his client was singled out, because bumper stickers that depict other potentially offensive sentiments are deemed OK by base authorities.

"Can you imagine how long it would take if they had to go around and scrape off every Confederate flag?" Muise asked. "The cars would be lined up."

Muise said he determined through a Freedom of Information Act request that base authorities had not enforced an order prohibiting "extremist, indecent, sexist or racist" messages on any other vehicle in five years. Fahy said complaints about bumper stickers on other vehicles have all been resolved informally.

Sharon Priepke, Marc Nieto's mother, was troubled to learn about her ex-husband's display and lawsuit.

Her son was not intolerant, she said.

"I don't think he would have blamed all of Islam," said Priepke, who lives in Wisconsin. "He'd have wanted to get those that did it, those that were responsible."

She is unhappy that Marc is being associated with his father's message.

Jesse Nieto is Marc's biological father, she said, but he gave Marc up for adoption at age 2. Marc became reacquainted with him as a teenager.

"He was not a part of Marc's life growing up," Priepke said. "I think he's totally wrong in how he's approaching this."

Kate Wiltrout, (757) 446-2629, kate.wiltrout@pilotonline.com



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Sorry there Mohammed Exposed

When someone is punted from a military base for a "decapitate nonbelievers" bumpersticker or a "kill {insert religious persuasion here}" bumpersticker, i will applaud that too. So should you.

It's really simple

It's the Base Commander's base. He, through the Military Police, grants the person the PRIVILEDGE to drive on the base by issuing a temporary pass or permanent base sticker. The temporary pass and the permanent base sticker remain the property of the base. If the person, through complaints of others, violates some obscure rule or regulation or otherwise steps on someones toes, the Base Commander, through the Military Police, can reclaim their property, the base sticker. Compare it to having a driver licence; it ain't a right to drive, it's a PRIVILEDGE. You don't own your licence, the State does and they can reclaim it upon suitable violation. I have experience at Camp LeJeune for the exact same thing, bumper stickers. I was given a choice, scrape off the bumper stickers or scrape off the base sticker. This gentleman has been given the same choice and my heart goes out to him. The stickers on his car was how he displayed his rage. Not all Muslims are bad people, but the bad people who are Muslims do so much wrong in the world.

mc1777, you might want to do

mc1777, you might want to do some research on the UCMJ. It is, in fact, "its own 'separate' set of rules." It applies to all members of the active Armed Forces, reserve component members under certain circumstances, all cadets and midshipmen, retired military members and civilians accompanying the military in the field during war. There are articles in the UCMJ which specifically limit speech. Additionally, as others have stated, the base commander has a lot of latitude to make rules he sees as necessary to maintain good order and discipline. Where Mr. Nieto might have a case is that his stickers appear to be being singled out, but the rule itself is perfectly valid.

Reader "TR" posits "I

Reader "TR" posits "I believe we try to kill terrorists. His car decal reads "Islam = Terrorism". He is apparently suggesting that the military is right to ban these bumper stickers because they imply Mr. Nieto is alledgedly encouraging murder.

By TR's logic, the military should also ban the Koran then, because it is replete with commands to kill non-Muslim "infidels"(109 to be precise). The Hadith are also full of mandates to murder, so Islam's second most important books should be banned too, right?

Is "Islam=Terrorism" any worse than:

Koran Sura (8:12) - "I will cast terror into the hearts of those who disbelieve. Therefore strike off their heads and strike off every fingertip of them" (a clear and direct command to decapitate and mutilate non-Muslims, not an inference or suggestion)

or

Sura Bukhari (52:177) - Allah's Apostle said, "The Hour will not be established until you fight with the Jews, and the stone behind which a Jew will be hiding will say. "O Muslim! There is a Jew hiding behind me, so kill him." (again, a direct command to kill)

BAN THE BUMPER STICKER, BAN THE KORAN!

We must wake up to the dangerous realities of Islam, and not let our cherishe

If the man is on a military

If the man is on a military base of course he should follow the rules put in place there. I don't think it quite fits into public property. I do feel as if the man has the right to display what most of us see as his ignorance. SO WHAT if it has a hateful message, look at the news and the world around you. Its easy to be offended. It's up to people at their own individual personal level to blow it off or grab the Kleenex. I would rather let the man display his thoughts for us to see so I know not to waste my time and energy on his negative stand point. Just because its his right, doesn't make him right. We who can think for ourselves know this. Let the man take whatever knocks he has coming to him.

Base commanders do set policies

Base commanders do have it in their authority to set standards of acceptability on their bases. This may have been questioned, but not denied since the establishment of U.S. military posts. Examples of such can be found during the war protest years of the 1960's and early 70's. Base commanders clamped down on war protests and banners on their bases during that time period also. Cases were filed against the post commanders - but nothing came of them.
I remember driving onto a National Guard and Reserve base in Southern Idaho with a sticker that read 'Nuke'em till they glow, shoot'em in the dark,' with a sand dune and a person in Arab headdress in the back ground. The gate guards laughed but said I had to either remove the sticker, let them put tape over it, or park my car outside the post and walk in. This was back in the 80's. Base rules are base rules: you either go by them or you don't drive your personal vehicle on the base, plain and simple.

JustAnotherUser

"Mr Nieto hasn't lynched or even suggested lynching anyone. I'm not defending his hate. I'm defending his right to express his opinion."

I believe we try to kill terrorists. His car decal reads "Islam = Terrorism". Mr. Nieto does not have the right to express his opinion on a military base. The military sets and enforces their own rules. You are avoiding the statement his stickers make, you are defending his hate, and you are wrong on "freedom of expression" on military bases. A trifecta. Well played.

Looks like the base commander is in the wrong..

. in revoking this gentleman's right to bases when that privilege is GRANTED by the DoD. Ban to Individual bases yes, but not a widescale ban to ALL military bases . That has to be cleared by the DoD, not the base commander.
Either way, the base commander was way out of his authority to issue such a ban.

Islam

Base administrators have the right-and the obligation-to make fact-based decisions about such issues.

But ruling that the stickers denigrate an entire ‘religion’ based on the actions of a few belies either an ignorance of Islam or a PC fear of offending Muslims.

Islam is NOT a religion. It is a complete way of life in which spirituality is but one aspect and in which governance and ‘religion’ are inseparable. Like all theocracies, Islam is antithetical to the man made, secular concepts of democracy and individual rights; making many of Islam’s core tenets incompatible with the United States Constitution.

Rather than blindly accepting the notion that Islam ‘has been hijacked by extremists’, ask yourselves what they’re being extreme about.

But it is not offensive when

But it is not offensive when atheists display hate towards Christianity in a state Capitol? It does not make sense. We are becoming too politically correct and the islamic terrorists are using it against us.

richardm96179

India has the third-largest Muslim population in the world.

Supreme Court Justice

Supreme Court Justice William Brennan: "If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable."

This came from a case about flag burning, Texas v. Johnson. Also see Brandenburg v. Ohio for how far our rights extend when one has a message of hate.

I don't agree with Nieto's choices of decals, but that's irrelevant. The two complaints that Camp Lejeune's Equal Employment Opportunity office mentioned are irrelevant as well. Free speech should be uninhibited, except in VERY extreme cases. This "standing order" of banning "extremist, indecent, sexists, or racist messages" ought to be abolished.

Also, free speech should NOT end once one steps onto a military base, nor should base officials have unrestricted power to censor staff or visitors. Some people have mentioned the Uniform Code of Military Justice; this isn't its own 'separate' set of rules, immune to outside interference. The federal court system is the "law of the land".

JUSTANOTHERUSER

The closest many American will ever come to even seeing a Muslim is at a convenience store working hard to make their way in the free society. I personally know several Muslims that operate or own convenience stores. Most have expressed to me their anxiety over being lumped in with terrorist simply because of their heritage.
The commander of camp La Jeune made a smart tactical decision.

lightbox

Good point, thanks.

Father of Cole Victim

No one has the right to tell this father how to feel about the loss of his son! If the parent who lost his son at the hands of a terrorist wants to put these stickers on his car then others should be tolerant of his views. Be thankful you are not walking in his shoes!!

Look at this picture...

http://www.arlingtoncemetery.net/abtaha-gravesite-photo-august-2007-001.jpg

Back to the point

Base commanders have the right to designate what is or is not acceptable on their posts. As someone else pointed out here: it is strictly a privilege and not a right to be able to drive a personal vehicle onto military bases. It is not an issue of free speech but control on a military base. Still, I do not doubt the tune of many people posting here would be very different if it was an issue of a person driving onto a base with anti-Christian or anti-American stickers on a vehicle. Open free speech is a double-edged sword.

Watch out, your ignorance is showing!

I feel sorry for this man and the loss of his son. I hope that one day he can replace his hatred with an inner peace. That being said, many of the posters are showing the ignorance that they have. There are many patriotic people of the Muslim faith that have served in the military, or in other capacities. Didn't we learn anything from our ignorance of the past? The Native Americans in the 19th century, the Japanese in the 40's? You cannot connect the acts of a few to all of the group that they belong to. Most people who practice the muslem faith are peaceful people, and many in the U. S. are the reason that radicals here cannot grow and develop sophisticated capabilities.

marym63204

You mean using slurs like "enviro-fascists"? Swell.

Justanotheruser??

It is not necessary for me or anyone to validate displaying such stickers; I simply noted that the kind of generalization toward another group, whether its a religion, etc. is essentially misguided. It appears his anger is directed at his son's killers - terrorists; yet he displays a sticker that says Islam=terrorism, as well as one depicting a turban-wearing person. My point is not all followers of Islam are terrorists, nor do they all wear turbans. It's a simple clarification. Most, if not all, (and I don't speak for all Americans) are disgusted by terrorism. As for whether or not he can display them on a military base, that is obviously not for me to decide. I just happen to think his stickers are misguided. There are some great anti-terrorism stickers out there! Respectfully...

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