190:(AOL) account that used the screen name "boysrch" and the signature "Tim" when communicating with Helen Hajny, a civilian working as a volunteer Ombudsman. The AOL user directory identified the marital status of the owner of that AOL account as "gay". Naval authorities suspected that the "boysrch" handle on AOL was being used by McVeigh and constituted an announcement of his homosexuality. A Navy paralegal, misrepresenting himself, obtained confirmation from AOL by telephone that the account belonged to McVeigh. The Navy initiated an administrative discharge on the basis of his "homosexual conduct, as evidenced by your statement that you are homosexual." A Navy disciplinary board held a hearing at which McVeigh acknowledged he had authored the email messages using the "boysrch" account and presented evidence of prior relationships with women. They concluded that by a preponderance of the evidence McVeigh had engaged in "homosexual conduct" that was grounds for a dishonorable discharge under the then-current
38:
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that a person's sexual orientation does not affect that individual's performance in the workplace. At this point in history, our society should not be deprived of the many accomplishments provided by people who happen to be gay. The "Don't Ask, Don't Tell, Don't Pursue" policy was a bow to society's growing recognition of this fact. For the policy to be effective, it has to be implemented in a sensitive, balanced manner. Under the policy as it stands today, gay service members must be permitted to serve their country honorably, so long as they are discrete in pursuing their personal lives.
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essence of "Don't Ask, Don't Pursue" by launching a search and destroy mission." Sporkin also called it a "search and 'outing' mission." He noted that "cyberspace ... invites fantasy and affords anonymity," an environment at odds with the regulatory requirement that the subject of an investigation show "a likelihood actually to carry out homosexual acts." He also found that the Navy's investigation had "likely violated" the
340:
trash out of a room that's being renovated." In March, Judge
Sporkin was asked to consider if the Navy had violated his order not to take any "adverse action" against McVeigh, who contended that the Navy had not provided him with an assignment commensurate with his rank and experience. As negotiations continued, Defense Secretary Cohen supported the Navy's position in the case and warned Attorney General
265:, architect of the DADT policy, who supported McVeigh and called the Navy's investigation of his sexual orientation "unwarranted." In Moskos's words: "In simple terms, Senior Chief McVeigh did not 'tell' in a manner contemplated under the policy – he sent an anonymous e-mail which did not list his surname or his Navy connection."
241:. Mr. McVeigh is as clear-cut a victim of a witch hunt as could be imagined, and that witch hunt could expand exponentially if the military wants to add on-line fishing to its invasion of service members' privacy. Multitudes of military personnel identify themselves as gay on the Internet, rank and base often included.
226:, an advocacy group for gay and lesbian military personnel, said: "Timothy McVeigh didn't work hard to get on anybody's radar screen. The only information that the Navy has is this AOL profile, and I think there's a strong argument that this is the sort of case that demands discretion from the military."
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and full benefits. He commented: "I'm happy that this case has been resolved on my terms. I think that all sailors can take comfort from this. I hope it sends a message that the rules and regulations that are in place need to be followed by the military." His attorney said: "It is the first time, as
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said: "It is probably the most clear-cut example we have of a violation of this statute on the part of the
Government. If the Navy prevails, it will basically mean there is no meaningful protection against government intrusion in cyberspace." An America Online spokesman said: "We have clear policies
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On the government's argument that McVeigh had acknowledged owning the AOL account, Sporkin wrote: "That the
Plaintiff may have made incriminating statements at the subsequent administrative hearing does not bootstrap the Navy out of its legal dilemma of not only violating its own policy, but also a
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The parties began negotiating McVeigh's retirement with full benefits. A Defense
Department official said: "I think many of us would like to see this case go away." But McVeigh's attorney complained that in the days after Sporkin's ruling the Navy had assigned McVeigh to "supervising people moving
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The facts ... clearly demonstrate that the
Plaintiff did not openly express his homosexuality in a way that compromised this "Don't Ask, Don't Tell" policy. Suggestions of sexual orientation in a private, anonymous email account did not give the Navy a sufficient reason to investigate to determine
256:
Before a hearing in the case, AOL acknowledged that its customer service representative should not have released information about McVeigh's account. AOL also said the Navy had violated federal law and reported that it had lodged protests with the Navy and
Department of Defense. McVeigh's attorney
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in place that our member service representatives don't give out member information. What is disturbing to us is that the Navy may have circumvented established channels that we have for working with law enforcement in an attempt to get information about one of our members." A representative of the
367:
In a separate settlement reached months earlier but not announced until McVeigh settled with the Navy, America Online apologized and agreed to pay McVeigh damages for having improperly disclosed his identity. Outside the settlement, AOL announced plans to provide all of its 5,000 customer service
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McVeigh retired from the Navy on July 14, 1998. He said he had been treated well by other service members "with an exception of a few senior officers in the submarine squadron." He concluded: "I think the Navy has been fairly pig-headed. I just got set up and this thing just getting passed up the
309:
The "Don't Ask, Don't Tell, Don't Pursue" policy was clearly aimed at accommodating gay men and women in the military. In effect, it was intended to bring our nation's armed forces in line with the rest of society, which finds discrimination of virtually every form intolerable. It is self-evident
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Sporkin quoted DADT guidelines that specified that "creditable information" from a "reliable person" about sexual orientation was required to prompt an investigation. Instead, he wrote: "When the Navy affirmatively took steps to confirm the identity of the email respondent, it violated the very
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as principal defendant. At stake in addition to McVeigh's job and income were the pension, health and life insurance, and other benefits given when a service member steps down from the Navy honorably, because he expected to soon retire after 20 years of service. The Navy, after first resisting,
281:(DADT) policy and, by extension, "whether there is really a place for gay officers in the military under the new policy." Sporkin sometimes referred to DADT by its longer name – "Don't Ask, Don't Tell, Don't Pursue" – as he questioned the Navy's pursuit of information about McVeigh. He wrote:
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t is elementary that information obtained improperly can be suppressed where an individual's rights have been violated. In these days of "big brother", where through technology and otherwise the privacy interests of individuals from all walks of life are being ignored or marginalized, it is
335:
commented: "Every one of these cases that comes to the public's attention reinforces the absurdity of the policy, and that can only help us in the long run. It's just a shame some people are turned into martyrs, but it looks as if in this case McVeigh won't be a martyr."
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representatives with "scenario training" to protect their clients' privacy, and it posted a new version of its privacy policy which was written to be, in the words of one commentator, "understandable to us mere mortals."
1103:
245:
Rich contrasted the different treatment the U.S. military afforded the two men named
Timothy McVeigh. For years the U.S. Army ignored the racism and anti-government radicalism of former soldier
130:
Internet posts. McVeigh's suit denied he had made such a declaration and charged the Navy with failure to adhere to its own DADT policy in the course of investigating him, while violating the
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McVeigh and the Navy agreed to a settlement in June 1998. The Navy did not admit any wrongdoing and agreed not to pursue an appeal. McVeigh was allowed to retire with the rank of
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of 1986. Though the government had argued that the statute penalized the party that disclosed information, in this case AOL, and not the party requesting information, he wrote:
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331:, said that the case was "a defining test of the right to privacy in cyberspace and in the military. The military flunked. So did a major on-line service." Arthur Leonard of
808:, radio broadcast with Dixon Osburn of Servicemembers Legal Defense Network, Alec Farr of Proskauer, Rose, and Charles Moskos Northwestern University Professor of Sociology
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In conclusion, the court granted McVeigh the preliminary injunction and his discharge was overturned as an "immediate and irreparable injury" to his career and reputation.
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in 1995. The U.S. Navy by contrast "torments the second, exemplary
Timothy McVeigh for the 'crime' of having a private life that should be nobody's business but his own."
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granted McVeigh a preliminary injunction barring the Navy from discharging him. Sporkin wrote that the central issue was whether the Navy complied with its own
171:. His performance review in 1997 described him as "an outstanding role model" and the "embodiment of Navy core values." By that time he had reached the rank of
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federal statute in its attempt to charge the
Plaintiff with homosexuality." Sporkin concluded with his view of the significance of the DADT policy:
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far as I'm aware, that the Navy has let stand a court decision that it has broken the law in this area. Obviously it has a
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called it "a victory for gay rights, with implications for the millions of people who use computer on-line services."
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against his discharge and the Navy, without acknowledging culpability, allowed him to retire with an
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whether to commence discharge proceedings. In its actions, the Navy violated its own regulations.
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that can be relied on in the future." The Navy also paid McVeigh's $ 90,000 in legal expenses.
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110:, 983 F.Supp. 215 (1998), was a lawsuit in U.S. federal court in which a member of the
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Timothy R. McVeigh for declaring his homosexuality, which he had allegedly done via
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imperative that statutes explicitly protecting these rights be strictly observed.
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Unfriendly Fire: How the Gay Ban
Undermines the Military and Weakens America
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With his discharge scheduled for January 16, 1998, McVeigh, represented by
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acceded to the court's request to delay the discharge until January 27.
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Sexual orientation and gender identity in the United States military
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Privacy advocates supported McVeigh's suit. David L. Sobel of the
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NPR Talk of the Nation: "Don't Ask, Don't Tell", January 19, 1998
163:) entered the Navy at the age of 18 around 1980 and earned four
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Timothy R. McVeigh (no relation to convicted domestic terrorist
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United States District Court for the District of Columbia cases
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Rumsfeld v. Forum for Academic & Institutional Rights, Inc.
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the man who finally brings home the absurdity and bigotry of
118:" (DADT) policy, which established guidelines for service by
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to bar his discharge. His suit named Secretary of Defense
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United States District Court for the District of Columbia
686:"Navy May Resolve Gay Case by Letting Sailor Retire"
461:"Navy Case Combines Gay Rights and On-Line Privacy"
257:also brought to court a statement from sociologist
393:"Sailor Victorious in Gay Case of On-Line Privacy"
134:by collecting his private online communications.
80:when discharging a service member for reasons of
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864:Sexual orientation in the United States military
607:U.S. District Court for the District of Columbia
203:U.S. District Court for the District of Columbia
273:On January 26, 1998, U.S. District Court Judge
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598:Timothy R. McVeigh v. William S. Cohen, et al.
114:challenged the military's application of its "
1035:United States Navy dog handler hazing scandal
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788:"Gay Sailor Accepts Early Retirement Offer".
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186:, McVeigh sent email messages from his
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945:Log Cabin Republicans v. United States
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120:gays and lesbians in the U.S. military
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594:Sporkin, Stanley (January 26, 1998).
293:Electronic Communications Privacy Act
219:Electronic Privacy Information Center
182:and serving on the nuclear submarine
132:Electronic Communications Privacy Act
762:Kakesako, Gregg K. (July 14, 1998).
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712:"Memorandum Opinion, March 11, 1998"
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533:Kornblum, Janet (January 21, 1998).
483:
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224:Servicemembers Legal Defense Network
76:The United States military violates
921:Witt v. Department of the Air Force
881:Holmes v. California National Guard
764:"McVeigh leaves Navy, Hawaii today"
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684:Shenon, Philip (January 30, 1998).
627:Page, Clarence (January 29, 1998).
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559:Kakesako, Gregg K. (January 1998).
509:"AOL Admits Error in Sailor's Case"
459:Shenon, Philip (January 17, 1998).
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901:Military Readiness Enhancement Act
178:In September 1997, while based in
16:1998 lawsuit in U.S. federal court
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1119:LGBTQ rights in the United States
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658:Gallagher, John (March 3, 1998).
507:Napoli, Lisa (January 22, 1998).
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21:United States vs. Timothy McVeigh
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426:Rich, Frank (January 17, 1998).
391:Shenon, Philip (June 12, 1998).
249:, who went on to perpetrate the
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1124:United States Internet case law
927:2010 State of the Union Address
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561:"Navy accused violating policy"
1134:1998 in United States case law
812:Documents relating to the case
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1013:Center for Military Readiness
792:. June 13, 1998. pp. A8.
535:"AOL admits to privacy lapse"
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733:Bull, Chris (May 26, 1998).
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817:Netlitigation case summary
353:Master Chief Petty Officer
348:'s full support for DADT.
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233:thought McVeigh could be:
173:Senior Chief Petty Officer
122:. The U.S. Navy sought to
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660:"Don't Ask, Don't Log On"
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938:Collins v. United States
19:Not to be confused with
1023:National Equality March
263:Northwestern University
967:Margarethe Cammermeyer
790:Greensboro News Record
768:Honolulu Star Bulletin
565:Honolulu Star Bulletin
346:Clinton administration
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229:Political commentator
207:preliminary injunction
139:preliminary injunction
1114:1998 in LGBTQ history
1109:Don't ask, don't tell
1029:United States v. Choi
1018:Servicemembers United
895:Able v. United States
853:Don't ask, don't tell
596:"Memorandum Opinion,
318:Settlement and impact
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279:Don't Ask, Don't Tell
251:Oklahoma City bombing
239:Don't ask, don't tell
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116:Don't Ask, Don't Tell
987:Malcom Gregory Scott
633:Florida Sun Sentinel
428:"The 2 Tim McVeighs"
639:on December 9, 2015
333:New York Law School
165:Good Conduct Medals
143:honorable discharge
735:"Cohen Under Fire"
710:Sporkin, Stanley.
247:Timothy J. McVeigh
169:Commendation Medal
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112:U.S. Armed Forces
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58:January 26, 1998
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184:USS Chicago
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372:References
342:Janet Reno
231:Frank Rich
205:seeking a
155:Background
982:Steve May
358:precedent
128:anonymous
124:discharge
1082:Category
1056:See also
714:. Justia
194:policy.
180:Honolulu
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269:Opinion
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55:Decided
955:People
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