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Should Lying About Military Service Be A Crime?
Business Insider: Law Review ^ | February 8, 2010 | Lauren Streib

Posted on 02/08/2010 8:46:03 AM PST by lbryce

When does bragging become illegal?

Federal courts in California and Colorado will soon hear two cases that struggle with the question of whether lying about military service is a criminal offense.

In California, Xavier Alvarez said during a public meeting that he received the Medal of Honor for his time in the Marines. Alvarez never served in the military and pleaded guilty to misrepresenting himself on the condition that he could appeal on the basis of the First Amendment.

In Colorado, Rick Strandlof said he was a former Marine with a Purple Heart and Silver Star, claims which he used when establishing a non-profit organization to help homeless veterans (he was posing as "Rick Duncan," according to The Denver Post). He was charged with five misdemeanors.

The crimes of both men are punishable via the the Stolen Valor Act, which established in 2006 that lying about earning an American military medal is a crime and could carry a punishment of up to a year in jail. The law forbids anyone to wear a military medal that was not earned.

AP via Washington Post: Dozens of people have been arrested under the law at a time when troops coming home from wars in Afghanistan and Iraq have been embraced as heroes. Almost all of the impostors were ordered to perform community service.,

While the First Amendment does not protect lewd, libelous or imminently dangerous speech, does this mean it protects lies about military service as long as those lies do not hurt another person?

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


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events
KEYWORDS: crime; fraud; lyingliars; mythmaking; phonysoldiers; stolenvalor; stolenvaloract; untruthers; waronerror
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To: lbryce

when are they going to charge Kerry?


21 posted on 02/08/2010 9:01:46 AM PST by TexasFreeper2009 (November is coming.)
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To: a fool in paradise
He smiled and aimed his finger: "Pow."

Kerry, demonstrating how he executed by shooting in the back a wounded enemy soldier.

22 posted on 02/08/2010 9:02:54 AM PST by bayliving (1 if by land, 2 if by sea and 3 if by our own government.)
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To: lbryce
We need more laws like we need more holes in El Presidente's head.

If they commit fraud prosecute them, if they're caught lying about be a vet shame them.

23 posted on 02/08/2010 9:03:15 AM PST by jwalsh07
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To: freedumb2003

“All your other examples are opinions.”

According to Obama, the science is “settled” about Global Warming. It’s a fact.

The line between face and opinion is a difficult line sometimes.

Criminalizing speech because of preening morons is an insult to the Constitution I swore to protect.

Just beat them up. Not everything has to have a law.


24 posted on 02/08/2010 9:04:02 AM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: lbryce

The leftists resent how the Stolen Valor Act cramps the style of the phony vets and liars who tell all those wonderful stories about US “war crimes.”


25 posted on 02/08/2010 9:04:04 AM PST by Interesting Times (For the truth about "swift boating" see ToSetTheRecordStraight.com)
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To: lbryce

The act forbids fraudulently claiming to have been awarded a decoration of the United States. These decorations are established by law and constitute the honors system of the United States. Having created these decorations, the United States is entitled, on behalf of itself and the true recepients, to protect that honor. I believe that the United States also has an obligation to do so.

This is not a matter of free speech, it is fraud. I don’t believe that the law says anything about military service, just the fraudulent claim to decorations or medals. The prosecutions that I have seen have been quite blatant. Persons who have never seen military service wearing multiple decorations including the highest valor awards, or politicians who stand to gain claiming that they are decorated veterans. If someone knows of some blowhard who claimed he was SEAL during some pubfest, and was subsequently prosecuted, let me know.


26 posted on 02/08/2010 9:04:05 AM PST by centurion316
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To: a fool in paradise
ROFLMAO! Thanks, I rest my case.
Of course, with Nagin it's all BS all the time!
27 posted on 02/08/2010 9:04:52 AM PST by Malone LaVeigh
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To: Clump

Make that Kelo case.


28 posted on 02/08/2010 9:05:06 AM PST by Clump (the tree of liberty is withering like a stricken fig tree)
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To: Señor Zorro
There are a few folks out there who are willing to invent war stories to impress others. Real men don't need to fabricate anything because they have been there and done that.
29 posted on 02/08/2010 9:05:30 AM PST by ANGGAPO (Leyte Gulf Beach Club)
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To: a fool in paradise

“What about the phony soldiers who claim to have served, protest against our wars, and claim to have witnessed war crimes?”

They are called Senators in Massachusetts.


30 posted on 02/08/2010 9:05:37 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: centurion316

I agree with you completely...it’s tantamount to counterfeiting currency.


31 posted on 02/08/2010 9:06:57 AM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: lbryce

We used to throw people in jail because they were a danger to society. Now we throw people in jail because they make us mad. That is why we have the world’s largest prison population.


32 posted on 02/08/2010 9:07:30 AM PST by microgood
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To: a fool in paradise

Impersonate a law enforcement officer, doctor, or judge and see what the charge is.


Because impersonating one of those professions causes chaos in society. These are postions of authority and deal with life/death situations.

You could make the same case that IMPERSONATING an ACTIVE soldier also causes chaos in society, so I would favor outlawing that. But impersonating an active soldier is different that lying about the medals you received (or if you were ever in the military).

It isn’t that I favor of people lying about their military experience, I just worry about outlawing speech (even bad speech). Where will it go? Now that the precedent is set, who decides where it will go?


33 posted on 02/08/2010 9:08:03 AM PST by Brookhaven
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To: a fool in paradise
One picture that is indeed worth a thousand words.
what a buffoon!
34 posted on 02/08/2010 9:08:33 AM PST by lbryce (Obama Notwithstanding, America's Best Days Are Yet To Be .)
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To: Question Liberal Authority

Best post of day, nice!


35 posted on 02/08/2010 9:08:38 AM PST by agere_contra
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To: Jewbacca

I’m with you. Unless they cause real damage with their lie, we should go back to the way we used to handle this. Ass kicking and derision.


36 posted on 02/08/2010 9:09:30 AM PST by Republic of Texas (Socialism Always Fails)
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To: a fool in paradise
"What about the phony soldiers who claim to have served, protest against our wars, and claim to have witnessed war crimes?"

What about John Fin Kerry's friends?

37 posted on 02/08/2010 9:10:24 AM PST by wmileo
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To: a fool in paradise

“What about the phony soldiers who claim to have served, protest against our wars, and claim to have witnessed war crimes?”

I’d say yes to that one... sounds like slander to me.


38 posted on 02/08/2010 9:10:56 AM PST by ScottinVA (Glad to see Demonic Unhinged (DU) highlights and attacks my FR comments!)
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To: gitmogrunt

I don’t like the law as written, as it seems to make illegal some valid reasons for purchasing military decorations (e.g. creating a shadowbox as a gift to a military member, museum displays, etc...)

If the intent is to prevent the fraudulent use of military decorations for personal gain, it should state so clearly and limit the scope of the law.


39 posted on 02/08/2010 9:11:22 AM PST by jz638
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To: a fool in paradise
"Generalismo Ray Nagin (D-New Orleans)"

You are not suggesting that this POS served in our military?

40 posted on 02/08/2010 9:12:50 AM PST by wmileo
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