The line between protected protest and a punishable offense can be hard to draw, especially in times of a national crisis.
For proof, you only need look at the Red Scares or at the sedition laws enforced during the Civil War. Then, there were the jailings of journalists at the turn of the 19th century.
While the current situation in Iraq mainly seems to function as a source of headlines and debates, it is a national crisis like the ones faced in the past. Fortunately, we haven't seen quite the same level of intimidation or legislation on the part of the government to silence opposition.
While some would like to say that the trial of 1st Lt. Ehren Watada is an example of the government attempting to stifle opposition, we have to disagree.
The simplest critics of Watada have said he should be punished because his actions demoralize the troops and give strength to the opponents.
This sort of ridiculous logic is the same as the rationale that says that everything from voting democrat to burning flags is like personally giving a terrorist a plane ticket and asking him or her to shoot your neighbor.
However, there is plenty of merit to the idea that his refusal to serve in Iraq constitutes a breach of his dedication to the armed forces. Watada's rationale - that he would be forced to commit war crimes should he be shipped to Iraq - rings hollow.
Soldiers don't enter the military as generals for good reason. There are certainly imaginable circumstances in which a soldier could be so against the idea of a war that Watada's brand of resistance would be justified, but that situation has not been reached in Iraq.
While the legality of the Iraq war is subject to debate under international law, our continued presence in Iraq is certainly not the sort of moral issue painted in black and white that proponents or opponents of it would have the masses believe.
While war crimes are certainly committed in Iraq by every side involved, refusing to serve in any capacity in Iraq after voluntarily joining the military should be punished.
Under these conditions, Watada's primary duty is to follow orders. If he were to be ordered to commit an action he found morally reprehensible, or against the military code, he could then refuse the order.
Then, he would have his day in court and would likely do it as a hero with the support of most of the country.
