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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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To: frankenMonkey
More here: Exposing Xavier Alvarez

ML/NJ

21 posted on 01/06/2008 7:17:06 AM PST by ml/nj
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To: forkinsocket

Hmmm, a Water Board member who should get the waterboard treatment for this kind of gross selfserving medal devaluing lie!!


22 posted on 01/06/2008 7:17:22 AM PST by ICE-FLYER (God bless and keep the United States of America)
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To: forkinsocket

He knows the Ninth Circus will no doubt agree with him...


23 posted on 01/06/2008 7:22:29 AM PST by Redbob
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To: forkinsocket

Following his argument, all truth in advertising laws would be unconstitutional also.


24 posted on 01/06/2008 7:50:34 AM PST by pelicandriver
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To: forkinsocket

he was awarded the Congressional Medal of Honor for his deeds as a Marine.


That ain’t nothin. I got 4 of them. WWI, WWII, Korea and VietNam. I have so many medals I have to pin them on the back of my uniform now.


25 posted on 01/06/2008 7:56:43 AM PST by Joan Kerrey
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To: forkinsocket

What a maroon!! What’s worse is that there are people out there dumb enough to vote for this scumbag!


26 posted on 01/06/2008 9:01:47 AM PST by MissEdie (On the Sixth Day God created Spurrier)
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To: forkinsocket

bump


27 posted on 01/06/2008 9:06:42 AM PST by VOA
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To: forkinsocket

When does he announce for the senate?


28 posted on 01/06/2008 9:08:27 AM PST by purpleraine
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To: bajabaja

hey, he was only trying to score concert tickets and a Hannah Montana wig — whatever it takes to WIN.


29 posted on 01/06/2008 10:04:07 AM PST by informavoracious
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