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SoCal official's false medal claim defended as free speech
SF Gate ^ | January 4, 2008 | AP Staff

Posted on 01/06/2008 6:33:10 AM PST by forkinsocket

An elected official charged with falsely claiming he earned the military's highest honor has filed a motion to dismiss the federal case against him on free speech grounds.

The motion argues that the Stolen Valor Act of 2005, under which water board member Xavier Alvarez was charged, is incompatible with the First Amendment because it restricts free speech by criminalizing false claims of military honors.

Alvarez, an elected representative to the Three Valleys Municipal Water District, said last year at a water district meeting that he was awarded the Congressional Medal of Honor for his deeds as a Marine.

After admitting he never served in the military, he was charged with violating the Stolen Valor Act. He pleaded not guilty to the misdemeanor charge.

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; News/Current Events; US: California
KEYWORDS: california; false; medal; stolenvalor
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rofl. How embarrassing.
1 posted on 01/06/2008 6:33:11 AM PST by forkinsocket
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To: forkinsocket

Using this logic, one could falsely claim any advanced degree on a resumé as ‘free speech’.


2 posted on 01/06/2008 6:36:12 AM PST by 6SJ7
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To: forkinsocket
water board member Xavier Alvarez
3 posted on 01/06/2008 6:36:13 AM PST by Jeff Chandler (It takes a father to raise a child.)
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To: forkinsocket

A non-Marine, so not semper fi, but semper fib.


4 posted on 01/06/2008 6:37:20 AM PST by bajabaja
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To: forkinsocket

Gads, does this fit.
Liberal - check.
San francisco - check.
Cooperation of a sleazy lawyer - check.
Not even close to a military hero - check.
Hmmm, save for the San Francisco part, sounds suspiciously like a certain Massachusetts senator. Perhaps we should also check whether this clown has C average in college.


5 posted on 01/06/2008 6:38:20 AM PST by Da Coyote
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To: forkinsocket

Yeah, and that million dollar check I passed off the other day is also “free speech.”


6 posted on 01/06/2008 6:38:51 AM PST by Larry Lucido (Hunter 2008)
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To: forkinsocket

As Supreme Ultimate Emperor of Earth, I hearby sentance Alverez to... (wait for it) ...water boarding.

(Hey Alverez, I can claim to be whatever I want to be, right?)


7 posted on 01/06/2008 6:39:44 AM PST by CPOSharky (Energy plan: Build refineries and nuke plants, drill for our oil, mine our coal.)
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To: forkinsocket

A lot of this goes on and it is symptomatic of illnesses running through society. We are being victimized by the sociopaths because our “leaders” are afraid to stand up for values, indeed imho even the conservative politicians have no values.

It takes a special kind of creep to publicly lie about military service in this way.


8 posted on 01/06/2008 6:40:13 AM PST by Williams
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To: forkinsocket

I wonder if anyone has bothered to check his legal status. It is southern Kalifornia you know!


9 posted on 01/06/2008 6:40:24 AM PST by ontap (Just another backstabbing conservative)
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To: forkinsocket

Perjury is free speech.


10 posted on 01/06/2008 6:41:37 AM PST by Right Wing Assault ("..this administration is planning a 'Right Wing Assault' on values and ideals.." - John Kerry)
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To: forkinsocket

To a liberal lying is free speech because there is no higher authority.


11 posted on 01/06/2008 6:42:36 AM PST by PeterPrinciple ( Seeking the truth here folks.)
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To: forkinsocket
Hey, it just one step from "fake but accurate."

Now its "fake, but inaccurate."

I do believe that liberal trash can think that this is okay. - Why not?

12 posted on 01/06/2008 6:46:27 AM PST by bill1952 (The right to buy weapons is the right to be free)
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To: forkinsocket
The motion argues that the Stolen Valor Act of 2005, under which water board member Xavier Alvarez was charged, is incompatible with the First Amendment because it restricts free speech by criminalizing false claims of military honors.

This story cannot be real!

Of course, the story fails to mention the party affiliation of this "elected representative." Hmmm. Let met guess.

ML/NJ

13 posted on 01/06/2008 6:53:19 AM PST by ml/nj
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To: forkinsocket
*water board* member Xavier Alvarez

Water board? Gives me an idea regarding his punishment.

14 posted on 01/06/2008 7:02:21 AM PST by Mr. Brightside
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To: ml/nj
Info here. But can't find a party affiliation.
15 posted on 01/06/2008 7:03:33 AM PST by frankenMonkey (101st Army Dad)
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To: frankenMonkey

Oh, on the link I posted, he also claims a Purple Heart.


16 posted on 01/06/2008 7:05:45 AM PST by frankenMonkey (101st Army Dad)
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To: Jeff Chandler
water board member Xavier Alvarez

Should be his punishment.

17 posted on 01/06/2008 7:06:03 AM PST by TheRightGuy (ERROR CODE 018974523: Random Tagline Compiler Failure)
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To: Williams
imho even the conservative politicians have no values.

Assuming they're really conservative.

18 posted on 01/06/2008 7:06:50 AM PST by Entrepreneur
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To: 6SJ7
In WA state, they can lie to get elected, so it only seems to follow that lying after being elected should be OK too.

http://www.freerepublic.com/focus/f-news/1907149/posts

19 posted on 01/06/2008 7:06:56 AM PST by realdifferent1
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To: forkinsocket

Its Kalifonia, what do you expect?


20 posted on 01/06/2008 7:15:59 AM PST by Don Corleone (Leave the gun..take the cannoli)
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