3. Sam was an army reservist. He was proud of being part of the army. He loved being called up to help. He published some remarks on his personal facebook page that were derogatory of people who were transgender. The army found out because someone who knew him read the remarks and was offended. After an investigation the army asked Sam to retract the comments. He refused as he said it was his right to publish what he wants on his facebook page. The army saw it differently as it contravened their code of conduct. Sam was then dismissed for refusing to obey the army's directive.

Advise Sam - answer in IRAC format with reference to australian case law and australian primary legistation