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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: Wooly

>>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.<<

With no rifle.


61 posted on 02/08/2010 10:04:49 AM PST by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks. Sic semper tyrannis)
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To: freedumb2003

“This isn’t speech — it is lying.”

Yes, John Kerry said the same thing about the Swift Boat Veterans for Truth as he tried to shut them down.


62 posted on 02/08/2010 10:05:27 AM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: Jewbacca

What would you prescribe be done to the active duty (as well as past or never served) military member who never saw combat outside of field exercises and falsely claims and wears medals awarded for valor as demonstrated by documented actions in combat? Should they just be kissed on the other cheek and say lying to those who went before them and gave their lives for their country and fellow soldiers and just say all is forgiven and go on ye merry lying way thus desecrating the actions and memories of those who gave their lives so bravely and selflessly? </sarcasm>


63 posted on 02/08/2010 10:05:59 AM PST by Ron H. (I believe in and practice the 4 Gs : God, Guns, Guts and Garden and OBTW, Obama LIES.)
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To: Jewbacca

That isn’t what you meant in your post.

But backpedalling is a great idea for you.


64 posted on 02/08/2010 10:06:18 AM PST by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks. Sic semper tyrannis)
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To: freedumb2003

“That isn’t what you meant in your post. But backpedalling is a great idea for you.”

Reading is fundamental. My post was clear to anyone with a brain.

I suggest you try thinking sometime, little boy.


65 posted on 02/08/2010 10:12:40 AM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: Jewbacca

I suggest you choose your words better next time,sonny child.

Does your Mommy know you have her computer. You gonna get a whuppin for sure when she does.


66 posted on 02/08/2010 10:15:15 AM PST by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks. Sic semper tyrannis)
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To: Ron H.

Active duty is an entirely different issue and subject to UCMJ.

“Should they just be kissed on the other cheek”

No, as I posted (in the post you apparently did not read to the end), they should be beat up and publically humiliated.

As a conservative, I don’t think government is the knee-jerk answer to things I don’t like.


67 posted on 02/08/2010 10:15:59 AM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: freedumb2003

Your middle name is fitting.

You’re a PX commando if I ever saw one.


68 posted on 02/08/2010 10:17:11 AM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: wmileo

No, he played dressup at Mardi Gras the year following Katrina.


69 posted on 02/08/2010 10:20:45 AM 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)
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To: ScottinVA

I’d call it treason.


70 posted on 02/08/2010 10:21:05 AM 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)
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To: Brookhaven

Medals are earned, like licenses, degrees, etc.

It is a bogus enhancement of one’s record.


71 posted on 02/08/2010 10:22:08 AM 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)
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To: a fool in paradise
ta-pocketa-pocketa-pocketa-pocketa-pocketa
72 posted on 02/08/2010 10:23:13 AM PST by Lonesome in Massachussets (Don't blame me, I'm from Massachusetts)
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To: Jewbacca

And you are just a run of the mill libertarian. But you 14 year olds tend to go that way until you understand grown up issues.


73 posted on 02/08/2010 10:23:28 AM PST by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks. Sic semper tyrannis)
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To: freedumb2003

I think you have what he said backwards.


74 posted on 02/08/2010 10:30:45 AM PST by TheThirdRuffian (Nothing to see here. Move along.)
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To: TheThirdRuffian

It seemed clear, but it is of no import, either way.


75 posted on 02/08/2010 10:33:30 AM PST by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks. Sic semper tyrannis)
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To: Jewbacca

So you contend that vets should just beat the living crap out of these cowards and then have them file assault charges against the very ones that fought and died to give them that right?! And wanton violence is the answer you would thus prescribe. Sorry if I don’t buy into your convoluted vision for what ails America. I can do without your kind.


76 posted on 02/08/2010 10:33:50 AM PST by Ron H. (I believe in and practice the 4 Gs : God, Guns, Guts and Garden and OBTW, Obama LIES.)
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To: Question Liberal Authority
During World War II (the big one), I was Supreme Commander of the Allied forces in Europe. And I say not just no, but HELL NO.

I was President at the time, earning 12 Purple Hearts in the process, and I concur.

77 posted on 02/08/2010 10:33:55 AM PST by Lazamataz (Hey Obama, Can You Hear Me Now....? GOOOOoood......)
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To: gunnyg
uh, should lying about being an American be a crime...?????

It should be a crime and the person should be dumped in their home country with all their unlawfully gained goods being given to the local community they were last living in during their lying days. That would motivate local LEOs to arrest and Judges to convict ILLEGAL Aliens including the POTUS in order to confiscate their property.
78 posted on 02/08/2010 10:39:57 AM PST by HighlyOpinionated (The left have become lawless. Every strangling edict they issue carries an exemption for themselves.)
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To: lbryce

Yes, USMC vet.


79 posted on 02/08/2010 10:40:34 AM PST by jpsb
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To: lbryce

It’s one thing if someone is bragging in a bar about being a Marine when they weren’t, it’s totally another thing if they claim Medals and Awards they didn’t receive while forming charities and business and on resumes ... one is drunken bragging and is stupid but harmless, the other is fraud.


80 posted on 02/08/2010 10:52:09 AM PST by spodefly (I have posted nothing but BTTT over 1000 times!!!)
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