Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Odd Challenge: Lying, is it constitutionally protected?
One News Now ^ | 2/4/2010 | Chad Groening

Posted on 02/04/2010 1:16:04 PM PST by AstroTurf _Queen

An organization dedicated to honoring the nation's prisoners of war and missing in action service members is outraged that a federal law against lying about military medals is facing First Amendment challenges. Lawyers in California and Colorado cases have made similar arguments against the "Stolen Valor Act," saying that lying is protected by the First Amendment unless it does real harm.

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


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; Philosophy
KEYWORDS: firstamendment; freespeech; lying; phonysoldiers; pow; stolenvalor; stolenvaloract; veterans; welcometofr
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-93 next last
To: AstroTurf _Queen

The problem I have with the act is that it hard to qualifiy when a law has been actually broken. We do have laws against fraud already.


21 posted on 02/04/2010 1:33:02 PM PST by Perdogg ("Is that a bomb in your pants, or are you excited to come to America?")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jewbacca

The Ministry of Truth must decide what is and isn’t the Truth..................


22 posted on 02/04/2010 1:34:40 PM PST by Red Badger (Education makes people easy to lead, difficult to drive; easy to govern, but impossible to enslave.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: oneamericanvoice
I was being sarcastic in an effort ot point out the hypocrisy of the left. By some accounts, dressing as a phone repairman and walking into a senator's office is as egregious an offense as has ever been committed on American soil, yet some poseur wearing a Medal of Honor should be ok, because lying is protected speech.
23 posted on 02/04/2010 1:34:44 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
[ Post Reply | Private Reply | To 17 | View Replies]

To: AstroTurf _Queen

That explains Michael Mann.


24 posted on 02/04/2010 1:35:32 PM PST by Tribune7 (Obama Is An Obstructionist)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Truth is a Weapon

If we have laws against fraud, why do we need another law?


25 posted on 02/04/2010 1:36:07 PM PST by Perdogg ("Is that a bomb in your pants, or are you excited to come to America?")
[ Post Reply | Private Reply | To 20 | View Replies]

To: AstroTurf _Queen
Lying is fraud. Fraud is a crime.

Next question.

26 posted on 02/04/2010 1:37:14 PM PST by Dead Corpse (III, Oathkeeper)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Joe 6-pack
I am not saying it should be protected speech, I just don't want yet another law. If someone commits fraud, we have laws on the book to prosecute.
27 posted on 02/04/2010 1:37:36 PM PST by Perdogg ("Is that a bomb in your pants, or are you excited to come to America?")
[ Post Reply | Private Reply | To 23 | View Replies]

To: OneWingedShark

Mildred Gillars, known popularly as “Axis Sally” (although she did not use that name on the air), was convicted of treason in WWII for a radio broadcast (a work of fiction no less). She wasn’t being charged for working for the Nazis in GENERAL or broadcasting on Nazi radio. It was the content of the broadcast.


28 posted on 02/04/2010 1:38:24 PM PST by a fool in paradise ("like it or not, we have to have a financial system that is healthy and functioning" Obama 2/4/2010)
[ Post Reply | Private Reply | To 18 | View Replies]

To: AstroTurf _Queen
unless it does real harm

And it seems to me that it ought to be up to the legislative process as to what constitutes real harm.

29 posted on 02/04/2010 1:38:26 PM PST by Tribune7 (Obama Is An Obstructionist)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dead Corpse

Lying is not legal fraud. Lying is one element in fraud that has to be met in order to prosecute someone on the basis of fraud.


30 posted on 02/04/2010 1:38:55 PM PST by Perdogg ("Is that a bomb in your pants, or are you excited to come to America?")
[ Post Reply | Private Reply | To 26 | View Replies]

To: broken_arrow1

Ask him. He’s a constitutional law expert(or so he says) LOL


31 posted on 02/04/2010 1:39:03 PM PST by lakeman
[ Post Reply | Private Reply | To 3 | View Replies]

To: chrisser
Photobucket
32 posted on 02/04/2010 1:40:45 PM PST by Canedawg (Our government has become a travesty.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: oneamericanvoice

John Kerry claims he has a hat to show he served in “special forces”.


33 posted on 02/04/2010 1:41:34 PM PST by a fool in paradise ("like it or not, we have to have a financial system that is healthy and functioning" Obama 2/4/2010)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Perdogg
"I am not saying it should be protected speech, I just don't want yet another law. If someone commits fraud, we have laws on the book to prosecute."

Oh...I think we have a multitude of unecessary laws on the books that need to be repealed. IMHO, the Stolen Valor Act isn't one of them.

34 posted on 02/04/2010 1:42:58 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
[ Post Reply | Private Reply | To 27 | View Replies]

To: AstroTurf _Queen

If someone receives some tangible benefit from lying about the service( speaking fee....free room or board, etc.) then there is already a law.

If someone wears a uniform or decoration on that uniform or on civilian attire s/he is not suppose to wear, then there are laws dealing with that, also.

But as disgusting as it is to lie about being a hero (I spent most of 1970 in Vietnam, by the way), just telling a lie about service or winning medals should not get someone thrown into jail...IMHO...

To me it is akin to the thought police realm or the hate crime concept..


35 posted on 02/04/2010 1:44:36 PM PST by Ecliptic
[ Post Reply | Private Reply | To 1 | View Replies]

To: Joe 6-pack

so if a guy is in a bar downtown telling a couple chicks he was in Iraq fighting OBL we should send in the police to investigate whether or not he is telling the truth?


36 posted on 02/04/2010 1:46:59 PM PST by Perdogg ("Is that a bomb in your pants, or are you excited to come to America?")
[ Post Reply | Private Reply | To 34 | View Replies]

To: Perdogg
"so if a guy is in a bar downtown telling a couple chicks he was in Iraq fighting OBL we should send in the police to investigate whether or not he is telling the truth?"

If he's wearing a Silver Star that he didn't earn, yes.

37 posted on 02/04/2010 1:48:34 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
[ Post Reply | Private Reply | To 36 | View Replies]

To: AstroTurf _Queen

I just want to know if lying in the State of the Union by president is constitutional protected?

If you recall liberals did not seem to think so with regard to Bush’s “16 words” (all of which were proven to be true), yet nobody seems to mind when Obama lies to the people and congress in the State of the Union in so many easily verifiable ways. Such as the no lobbies statement, among a great many other such “false” statements.


38 posted on 02/04/2010 1:53:30 PM PST by Monorprise
[ Post Reply | Private Reply | To 1 | View Replies]

To: pray4liberty

“If a lie is not the truth, then exactly who is it who determines what is true and what is not, what is a lie and what is not?”

Bingo.

Don’t doubt for a second FreeRepublic would not be shut down by Obama Brownshirts because it’s “all lies.”


39 posted on 02/04/2010 1:53:34 PM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Dead Corpse

“Lying is fraud. Fraud is a crime.”

Incorrect.

Fraud means: (1) intentionally lie; (2) with the intent to defraud; (3) trick someone (reliance on the lie) and (4) cause damage by the lie.

If someone is just a faker without intent to get something (e.g., vet benefits, job, etc), then it’s not fraud.


40 posted on 02/04/2010 1:56:02 PM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
[ Post Reply | Private Reply | To 26 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-93 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson