Judge rejects anti-Obama Marine's appeal

(AP) SAN DIEGO - A discharge hearing for a Camp Pendleton Marine who publicly criticized President Obama will go forward.

City News Service reports a San Diego federal judge on Wednesday rejected 26-year-old Sgt. Gary Stein's request for an emergency temporary restraining order to stop Thursday's planned hearing.

Stein faces an "other than honorable" discharge for starting a Facebook page called Armed Forces Tea Party to encourage fellow service members to exercise their free speech rights.

Marine's Obama criticism tests free speech rules

The military has had a policy since the Civil War limiting the free speech of service members, including criticizing the commander in chief.

Stein has been a Marine Corps member for nine years.