SCOTUS Strikes Down Stolen Valor Act

[magickyleo101]

It didn't get a whole lot of attention since the Obamacare stole the spotlight, but it was interesting nonetheless.

From the NYT:

A divided Supreme Court on Thursday overturned a law that made it a crime to lie about having earned a military decoration, saying that the act was an unconstitutional infringement on free speech.

The case arose from the prosecution of Xavier Alvarez under the Stolen Valor Act, a law signed in 2006 that made it a crime for a person to falsely claim, orally or in writing, “to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States.”

Mr. Alvarez, an elected member of the board of directors of a water district in Southern California, said at a public meeting in 2007 that he had received the Medal of Honor, the nation’s highest military award, after being wounded in action as a Marine.

All of those claims were lies, his lawyers later conceded.

This sort of thing really upsets me. Not a lot of you know this about me, but I worked my way through law school - attending classes during the day and serving nights and weekends as a marine sniper in Afghanistan. I remember one night coming into a landing zone that was hot. Enemy fire was coming in from all directions, but we held on, counting down through our dwindling supply of ammunition.

A grenade. . I dive for cover as it goes off. . Someone's shouting to my right... Lt. Dan is hit; blood everywhere. He's screaming for me to leave him, and he's cut up real bad. I throw him over my shoulder and take off running through the trees. Bullets and Haji's are everywhere, but somehow - somehow - we make it out...

Probably my expert sniper skills. That's what they talked about when they gave me the medal of honor.

In any case, thoughts?

[s.rwitt]

I thought this happened a long time ago. Anyway, I'm glad it did. It's not the job of the government to catch and prosecute posers, that's what groups like the one at Terminal Lance that exposes them and relentlessly mocks them on FB is for.

[justicar5]

I thought this happened a long time ago. Anyway, I'm glad it did. It's not the job of the government to catch and prosecute posers, that's what groups like the one at Terminal Lance that exposes them and relentlessly mocks them on FB is for.

AKA Walts. http://www.arrse.co.uk/wiki/Walts

[YukonTrooper]

Just filter veterans through America's Got Talent. Call it the "Tim Poe Process."

[Rebel Jeb]

Freedom of speech.

[OCWife]

As long as they aren't impersonating someone or using the fake valor for fraud, it should be ok.

[Trey]

Well, at least one member of TWC can now breathe a sigh of relief.

[s.rwitt]

Just filter veterans through America's Got Talent. Call it the "Tim Poe Process."

Tim Poe approves this process.

[Big War Bird]

Don't fine it, tax it and everything will be fine.

[Celsius]

Being an ass hole isn't against the law I don't suppose....

[Pielstick]

It's a criminal offence in the UK to wear medals fraudulently.

Anyone remember this?

http://www.telegraph.co.uk/news/ukne...y-marcher.html

http://www.telegraph.co.uk/news/ukne...tary-past.html

[mrmouth]

Yeah I thought they already ruled on this like a year or two ago. Whatever. I agree with the ruling. We cannot police baggery.

[boofhead]

I never would have thought Freedom of Speech would protect lying for advantage.

[Exarch]

what if you bought your medal from a veteran and proudly wear what you bought, but don't claim to have served?

[Col. Tartleton]

what if you bought your medal from a veteran and proudly wear what you bought, but don't claim to have served?

Depends on the Medal. You definitely can't wear the Medal of Honor, that's illegal.

[Simon Cashmere]

what if you bought your medal from a veteran and proudly wear what you bought, but don't claim to have served?

You shouldn't proudly wear anything that you buy. The only people that should wear medals are those who have them awarded to them. I collect medals and other military insignia, have ever since I was a kid, but I would *never* put them on, ever. If you are wearing medals, the inference is that you served, which is a lie.

It is major douchebaggery, but should it be illegal? Say you grab Michael Jackson when he was wearing medals on stage and say, stolen valour...is that a problem? What about the guy in the bar who has bought a silver star from a militaria dealer and says 'got this in Nam'. Drawing the line on free speech is difficult in this issue, as you can't go put on a police uniform and say its free speech or drive a marked cop car on the road and say that is free speech. But I guess - what's the harm - braggart in a bar, or elsewhere just says he was Rambo, does the state need to stop that? Probably it does not have the constitutional power to do so because of the free speech clause - even though - the act is deplorable.

[Sphere]

I never would have thought Freedom of Speech would protect lying for advantage.

It doesn't protect fraud, but this law went way beyond typical fraud.

It could be enforced whether or not anyone even believed the lie. It was excessively broad and deserved to be struck down.

[liamb109]

Whether you think it's right or wrong, constitutionally, they're right. That is one of the "problems" with having a rigid constitution with non rigid terms like "freedom of speech" which can apply to just about anything.

[Matthias]

Whether you think it's right or wrong, constitutionally, they're right. That is one of the "problems" with having a rigid constitution with non rigid terms like "freedom of speech" which can apply to just about anything.

It's not a problem per se. Certain speech isn't allowed after all. It allows society to change with the times (well, unless you're an idiot like a textualist or originalist).

The law was stupid politicized bullcrap. Another form of "rahrah troops!" that conservatives cynically employ, but it actually does nothing. Yeah, you can't outlaw lying in order for meaningless political pandering, who knew?

Somehow, society will continue even though s can lie about military service without being jailed for it. Meanwhile, veterans face all sorts of problems, and the loudest cheerleaders of this law won't do any real things for them. Well, maybe they'll try to lie them into another meaningless war. Hmm, too bad that's not a crime.

[Rebel Jeb]

Somehow, society will continue even though s can lie about military service without being jailed for it.

Let's jail everybody online who claims to be "pro" at a video game because they aren't really professional. Oh wait, there goes half of the generation.