Good post - it's such a relief to discuss this calmly and intelligently.
What makes you think they want vengeance? Why not allow for the possibility that they want an effective policy that safeguards the Constitution?
I'm not so sure they want vengeance, though perhaps they do - that's why I asked the question. My question was "What, other than a public apology by the officer in charge, do they want?" Like I said, what needs to be determined first is
if military policy was violated (and apparently that's an IF - because we don't really know
if or why some of the troops were punished, since barracks cleaning duty is at least a weekly event in a training school, and it is not at all uncommon for troops' access to personal electronics to be limited even when no punishment is in place).
If so, then it seems to me that a public apology, from a captain to a group of privates, might be an appropriate reprimand and action.
However, we don't yet know the particulars of the barracks duty. We don't know if it was already scheduled, we don't know if it was a punishment for not attending the concert, or a punishment for a couple of troops mouthing off (remember, this is the military where the actions of one or two can easily result in an entire group being punished) or what - we just don't know yet, when all we're going off of is the testimony of 1 percent of the troops involved.
As you point out, the military already has an official policy against this sort of thing. However, the event happened anyway. This says to me that the official policy, as it was in place at the time of the incident is ineffective.
You know what - all sorts of policies are in place in the workplace - not just the Department of Defense but everywhere. Sexual harrassment is against the law - yet it still happens. Wage and hour laws are in place, and yet people are sometimes not paid overtime. I could go on but you get my drift. Not only the POLICY, but also the APPLICATION of the policy, has to happen. When the policy is not applied, then there must be recourse.
That's why there's a legal process to filing a complaint. PVT Smith filed a complaint with his chain of command, which resulted in a public apology from a captain to the troops.
The punishment should fit the crime, right? No one was hurt in this - they were just ****** off. Which, by the way, is a pretty constant state of mind for new recruits.
I don't know what the proper way to fix it would be... my gut feeling is that better preventive oversight and guidance in the first place would be better than more punitive redress after the fact, but regardless, when story after story comes out in the press of violations of soldiers First Amendment rights, this suggests that there's a systemic problem in the military that needs to be dealt with.
Wow, story after story? I don't recall many actual cases of First Amendment rights violations that actually were determined to have legal merit. Keep in mind the vast numbers of military personnel world wide. I wonder if you have any sources that could give us some percentages and actual data of documented first amendment rights violations in our military. Do you?
But as an aside, I really don't understand why you're apparently minimizing the actions of the officers involved in this, especially as someone who is happy to point out how familiar she is with the military. Duty and honour is central to the military ethos. As Tumbleweed pointed out, the officer here violated the most fundamental oath and duty of his service - one he has sworn to die defending, if necessary. Why wouldn't this be a big deal? Or, in your experience with the US Army, do they no longer value honour and duty?
I'm not MINIMIZING the actions - I am withholding JUDGMENT till I get more facts from more than 1 percent of the unit involved. That being said, if in fact the officer or officers WERE violating military policy, then I think they should be punished. How? Well, like issuing a public apology for starters. Then a formal reprimand in their personnel file sounds fair. Beyond that I believe would be excessive.
Officers are flawed humans too. They are going to make misjudgments and stupid mistakes on occasion. If any officer or NCO forced anyone to either attend a religious concert or be punished, then they are guilty of a violation of policy. It should perhaps be a black mark on their file, but I don't think one event like this should be a career killer. In the military, these black marks come back to haunt you. It's pretty serious, especially for an officer. I think that may be an appropriate response, and I'm looking forward to hearing what the ongoing investigation uncovers.