Posted on 03/15/2012 11:24:27 AM PDT by american_steve
While we hold the military’s honor sacred, the government cannot penalize speech, whether true or false, simply because it might harm this honor.
Any law that seeks to protect the government’s reputation runs afoul of the most basic bargain of sovereignty, reflected in our Constitution. James Madison said, “The censorial power is in the people over the Government, and not in the Government over the people.” In this context, it is doubtful that the government can ever be libeled by a citizen, any more than a citizen can libel himself. We don’t let the government sue for libel — only individual officials. And even if the government could be libeled, the First Amendment forbids laws banning speech that challenges or impugns the government’s reputation.
The 2006 Stolen Valor Act, which makes it a crime to falsely hold oneself as the recipient of military decorations, is challenging these precepts anew. Unfortunately, if the recent oral argument at the Supreme Court is a guide, the basis of the law’s unconstitutionality is being misconstrued and the act might survive.
(Excerpt) Read more at washingtonpost.com ...
The libs had no qualms about trying to get the FCC to remove Rush from the airwaves for excersizing his 1st Amendment right.
It is one thing to tell everyone that you’re some awesome Green Beret with 11 Purple Hearts and 3 Medal of Honors.
I would consider that free speech.
But It is a completely different animal to dress up in uniform with your fake medals and parade around as if you served. That should be punishable.
bump!! Bears repeating.
Hmmmm, true enough.
No one should take offense when a liberal pretends to be someone with cojones and lies about it.
Obviously, then, Rush, I, and countless others can correctly term Ms Fluke as a slut?
That’s S L U T
After all, it’s the truth.
“But It is a completely different animal to dress up in uniform with your fake medals and parade around as if you served. That should be punishable.”
I agree completely, and it serves these phony vets just right when one of them gets called out and/or beaten up by a real vet.
Unfortunately in the current political culture, veterans are perceived as de facto conservatives by the very nature of their patriotic service & sacrifices, and it is the liberals who are throwing the “Free speech! Free speech!” argument at them.
Hmmm... who would want to pose as a phony liberal (unless he was trying to seduce some liberal chick)?
Anyway, it IS possible to prosecute a phony vet if he makes a false official statement about his bogus past and especially if he applies for veterans’ benefits for which he is absolutely ineligible. They nailed Al Capone for tax evasion, not for murder & racketeering. If money changes hands under false premises, then you’ve got ‘em with the goods.
The appropriate punishment should be ongoing public ridicule and shunning, and for the crap to beaten out of him on just one occasion.
Misrepresentation of your military background is certainly a form of fraud. Any sort of personal gain or political advantage gained by fraud is illegal. If lawyers had not made a mishmash of the legal system, this would be simple.
Instead, progressives want to apply some imaginary prohibition against hate speech to any and all who disagree with them.
Something “funny” is going on here.
We don’t need laws when simple public shaming will do just fine.
Couldn’t the administration of the beating be considered “performance art?”
In other words, the current laws on the books, should be fine, without having to come up with more new laws.
Couldn’t the administration of the beating be considered “performance art?”
“Why yes, ma’am, I am a Medical Doctor, please go ahead and disrobe and let me examine you”.
“Hello, this is SENATOR Hodar, can I get a complimentry meal?”
“What do you mean that I’ve committed perjury; I have a right to lie when it suits me”.
Funny that only lawyers and Congressmen would defend the “right” to lie; whereas most people would condemn it.
depends....cops are allowed to lie to trick suspects.
But this flies in the face of the "It's Now Illegal To Protest Obama" Act just passed by CONgress and signed by the Kenyan.
IMO it should also be punishable if someone falsely claims on any legal document or application that they served in uniform.
Falsely claiming a military award implies the existence of a whole trail of documents and signatures recommending and approving the award.
While I'm no legal scholar, I do question the legality of that practice as well. In general, society tries to encourage respect for LE officers, and their hiring practices generally include some type of background check regarding their personal integrity. If the expectation is for them to be generally honest people, shouldn't their obtaining of information through subterfuge be considered an unreasonable search?
Having said that, I recognize the need for undercover operations/investigations, but would suggest that they be conducted under the limited sanctions of a warrant.
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