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 ...
Nice mushroom Nagin’s noggin is sportin’ .
You are wrong!
Now we skip the jail part and elect them to the U.S. Congress.
No, it's not. That's why this law was passed.
In the case of the Colorado guy he was standing on platforms across the state with political candidates using his alleged war hero status to influence voters and elections. No other crime was committed, however.
You think somebody should be allowed to lie about military decorations that are strictly regulated by law and military regulations to influence elections, not to mention all the schools and public gatherings these POS's infilitrate?
The use of the word ‘Generalismo’ is a clever use of language. I don’t think anybody is suggesting Nagin has ever even had a proper job, let alone been any kind of soldier.
“I do believe this law will not hold up to 1st Amendment scrutiny.”
Really? Based on what. In most cases the people lying about their military service are doing so in order to get something in return.
I think they should be strung up.
“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?”
Where will it go? Reasonable people will decide.
Ruling based on precedent is the problem, not a law prohibiting people from misrepresenting their military background.
He claimed to be a retired Marine and sported a US Army uniform. Dumbass!
I believe anything that undermines the morale of our service-people should be tried, so that includes lying about having served.
However, most of those I know who DID serve say that it doesn’t matter if they get recognized or not.....it remains in their heart and their character.
Its crass, immoral, indecent, and just plain wrong.
Well, there went my breakfast,
“Because impersonating one of those professions causes chaos in society. These are postions of authority and deal with life/death situations.”
I would argue that a surviving Medal of Honor recipient has a position of authority higher than these people. They are frequesntly asked to speak and represent the armed forces.
My father-in-law, William Charette, is a MOH recepient. He receives hundreds of letters a mon th from people requesting info or just wantimng to honor him. He is opffered hundreds of speaking engagements a year. He receives invitations to almost every important government function. Not only was he a hero, he has an honor and duty to represent the other MOH recepients everywhere he goes.
It says a lot about a country that will not allow people to desecrate the honor amd memories of those that have made the ultimate sacrifice. That is what the imposters due. Steal the honor that needs to be placed elsewhere.
Lying may be protected by the First Amendment but fraud isn’t.
Yes it should be a crime, but the standard sentence if found guilty should be as follows:
Immediately inducted into the US Army or Marine Corp as a Private
After boot camp and advanced training assignment to a combat zone as a rifleman.
At least the next time they decide to tell someone that they have a Purple Heart, Silver Star, or Medal of Honor, they might be telling the truth>
I once claimed to be related to John Paul Jones. Of course I was 10 at the time...;)
Ha! Great idea!
Free Republic:Man arrested, accused of stolen valor (at 'rat mayor's inauguration)
>>Criminalizing speech because of preening morons is an insult to the Constitution I swore to protect.<<
This isn’t speech — it is lying. It is closer to perjury. Your idea that opinion can be conflated with hard facts is just silly.
Care to go to the Canteen and tell the Vets they are preening morons? I’ll be happy to head over there and ping some of my friends to your comment.
“Care to go to the Canteen and tell the Vets they are preening morons?”
Yes, I would be happy to tell any vet that a pretend soldier is a preening moron. Where do you want to meet?
“Individuals that fake a MOH on their DD214 do so to get the perks afforded to the MOH recipients. “
Which is fraud, an already actionable crime.
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