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Marines Prohibit Father of Serviceman Killed on 
USS Cole from Expressing Opposition to Islamic 
Terrorism; Thomas More Law Center Files Lawsuit

Wednesday, November 12, 2008

General - Islamic Decal 1
ANN ARBOR, MI – Jesse Nieto is a 25-year Marine 
veteran whose honorable service to our nation 
included two combat tours in Vietnam.  His 
youngest son, Marc, and 16 of Marc’s shipmates 
were killed on October 12, 2000, by Islamic 
terrorists who bombed the USS Cole.  Nieto has 
worked as a civilian employee at the Marine Corps 
Base Camp Lejeune in North Carolina since 1994.

Since 2001, Nieto has displayed various decals on 
his vehicle expressing anti-terrorist sentiments, 
such as “Remember the Cole, 12 Oct 2000, ” 
“Islam=Terrorism, ” and “We Died, They 
Rejoiced.”  On July 31, 2008, two military police 
officers (MPs) issued Nieto a ticket for displaying “offensive material.”

In mid-August, after Nieto refused to remove all 
“offending” decals from his vehicle, the Base 
Magistrate issued Nieto a written order, ordering 
him to remove his vehicle from the base until all 
decals were removed and banning his vehicle from 
all other federal installations.  The order in 
effect prevented Nieto from driving his vehicle 
to Arlington National Cemetery (a federal 
installation) to visit the grave of his fallen son.

General - Islamic Sticker 2
As a result of the Marine Corps’ action, the 
Thomas More Law Center, a national public 
interest law firm based in Ann Arbor, Michigan, 
this week filed a federal lawsuit against the 
Camp Lejeune Commanding Officer and the Base 
Magistrate on behalf of Nieto in the U.S. 
District Court for the Eastern District of North 
Carolina.  The civil rights lawsuit challenges 
the military’s ban on Nieto’s speech on the basis 
that it violates Nieto’s constitutional rights to 
freedom of speech and the equal protection of the 
law. 
<http://www.thomasmore.org/downloads/sb_thomasmore/ComplaintonBehalfofJesseNieto.pdf>[Click
 
here to read the complaint filed by the Law Center.]

Richard Thompson, President and Chief Counsel of 
the Thomas More Law Center, commented, “The 
banning of these decals is political correctness 
run amuck in the military.  Our troops are being 
killed by Islamic terrorists, 9/11 was caused by 
Islamic terrorists, these terrorists want to 
destroy America, the Islamic countries persecute 
Christians, and now the military is victimizing a 
father whose son was killed by Islamic terrorists while serving our nation.”

Continued Thompson, “I suspect the next thing the 
Marine command will want to do is eliminate the 
Marine’s Hymn since the phrase ‘to the shores of 
Tripoli’ celebrates the Marine victory over 
Islamic forces in the Barbary Coast War and the Battle of Derne.”

The lawsuit alleges that military officials have 
engaged in viewpoint discrimination prohibited by 
the First Amendment and have violated the Fifth 
Amendment’s equal protection guarantee by 
allowing some messages to be displayed but 
prohibiting others that they find 
unacceptable.  Additionally, the lawsuit alleges 
that the military’s ban on “offensive” speech is 
impermissible because there are no objective 
standards guiding the decisions of government 
officials, thereby granting these officials 
unbridled discretion to determine which speech is 
acceptable and which speech is unacceptable.

Robert Muise is the Law Center attorney handling 
the Nieto case.  He is also one of the Law 
Center’s attorneys defending LtCol Jeffrey 
Chessani, USMC, the senior officer charged in the 
so-called “Haditha Massacre” case.  A military 
judge recently dismissed the charges against 
Chessani, and the government has appealed the 
ruling.  A decision by the military appellate 
court is expected in the next few months.

The Thomas More Law Center defends and promotes 
America’s Christian heritage and moral values, 
including the religious freedom of Christians, 
time-honored family values, and the sanctity of 
human life through litigation, education, and 
related activities.  It does not charge for its 
services.  The Law Center is supported by 
contributions from individuals, corporations and 
foundations, and is recognized by the IRS as a 
section 501(c)(3) organization.  You may reach 
the Thomas More Law Center at (734) 827-2001 or 
visit our website at <http://www.thomasmore.org/>www.thomasmore.org.



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