The case of a Marine who is facing discharge for posting disparaging comments about President Obama on Facebook has renewed a debate about free speech rights for members of the military.

A review board on Thursday recommended that Marine Sgt. Gary Stein be discharged for comments on his “Armed Forces Tea Party” site, where he called Obama “the domestic enemy,” superimposed his face on a “Jackass” movie poster and said he would not follow some orders from Obama.

Service members are banned from engaging in political speech or activities while representing the military.

Stein and his lawyers argue he was acting as a private citizen when posting on the Facebook page, and say the Marine Corps are violating his First Amendment rights by prosecuting him for his comments.