Posted on 02/19/2012 7:16:27 AM PST by DogByte6RER
High Court Dilemma: Can Lie About Medal Be Crime?
Xavier Alvarez was in good company when he stood up at a public meeting and called himself a wounded war veteran who had received the top military award, the Medal of Honor.
Alvarez was lying about his medal, his wounds and his military service, but he wasn't the first man to invent war exploits.
He was, however, one of the first people prosecuted under a 2006 federal law aimed at curbing false claims of military valor.
Concerns that the law improperly limits speech and turns people into criminals for things they say, rather than do, are at the heart of the Supreme Court's review of his case and the Stolen Valor Act.
Veterans groups have come to the aid of the Obama administration, which calls the law a narrowly crafted effort to protect the system of military awards that was established during the Revolutionary war by Gen. George Washington. The high court will hear the case Wednesday, which is Washington's 280th birthday.
"They're committing fraud. They're impersonating somebody else. They take on attributes of somebody else, attributes of a hero who served honorably," said Pam Sterner, whose college term paper calling for the law wound up in the hands of members of Congress. "When you do that, impersonating someone else, that's fraud, not freedom of speech."
Civil liberties groups, writers, publishers and news media outlets, including The Associated Press, have told the justices they worry the law, and especially the administration's defense of it, could lead to more attempts by government to regulate speech.
When he established military decorations in 1782, seven years before he was elected as the nation's first president, Washington himself also prescribed severe military punishment for soldiers who purported to be medal winners but weren't.
(Excerpt) Read more at nctimes.com ...
In this photo taken Wednesday, Feb. 8, 2012, Doug and Pam Sterner are photographed in their home in Alexandria, Va. Pam is the author of a college paper that led to the drafting of a federal law in 2006, the Stolen Valor Act, aimed at curbing false claims of military valor, and Doug exposes phony medal winners.
ABSO-FRIGGIN-LUTELY!
If barry’s reelected it won’t matter anymore.
When I joined the Army National Guard in 1979, I quickly determined that IF everyone that told me they had been in close combat with “Charlie” had actually EVER fired their weapons, Vietnam would be a state by now.
Yes, you’re right. If a person lies about his military service, he probably lies about other matters as well.
If one were to hire a person who lied about his military service, for example, and if part of the hiring decision was based on the person’s military service, then you might end up hiring someone who likely will lie about other things, including: workplace thefts, treatment of co-workers, excuses for showing up to work late or missing work, about why a report or project is not being done on time, and so on, the list can go on.
The same is true elsewhere. A person (note, I do not say man) who lies about his military service to someone he marries may also lie about whether or not he cheats, has a mistress, is hiding money, is planning on using the relationship solely for financial gain, and again the list can go on.
This issue may not always seem like the most important one in the world, and probably isn’t to a lot of people sadly enough, but it is just one more example of how far our country has fallen morally and spiritually to the degree that people think that it is unimportant.
Not only should it be federal crime, but being found guilty should carry mandatory prison time for each award falsely claimed and the sentence for each award falsely claimed should run consecutively.
Falsely claiming military rank should add another separate stint in prison.
I have to admit I’m concerned about freedom of speech. Especially when someone like obama is president. This was my concern with the Patriot Act. Bush pushed it. And then look who followed Bush.
The freedom of speech also means the freedom to not be truthful. Slim Whitman sang “It’s a sin to tell a lie”. He didn’t say it was against the law unless you’re under oath. Just expose them for the frauds they are and hope they’re shunned by society. And maybe get the crap kicked out of them by a REAL hero.
“I am a federal agent.” “I am a medal of honor winner.”
If #1, the prohibition of impersonating a federal agent is illegal, then what makes the second a question of ‘free speech’? Answer: Liberals like lying about military records.
That this is even before the SCOTUS is kinda stupid.
I’m afraid I disagree. I am a veteran who has been in combat. I think its reprehensible for someone to lie about being awarded medals, especially for profit. However, the public shame and ridicule they endure when they are outed and exposed is sufficient. There is no need to clog the already overburdened federal courts with cases involving fakers. Look at most of them: overweight buffoons who can barely fit into the uniforms they aren’t wearing correctly. They’re easy to spot. Their outlandish stories also make them easy to spot. These guys are sort of pathetic in their quest for attention, but shouldn’t be made criminals just because they tell tall tales.
If they defrauded people out of money, they can be prosecuted for fraud, theft, etc... It isn’t necessary to make the fakery a separate federal crime.
Alvarez was probably in the Second Special Forces Force Recon Para-Rescue Delta Force Ranger Seal Team.
Suppose someone claims to be a doctor or a federal judge? Is that also free speech?
Alvarez was probably in the Second Special Forces Force Recon Para-Rescue Delta Force Ranger Seal Team.”
Hey! That was my outfit, too, and I don’t remember Alvarez. ;-)
I get your take ... I don’t think the Stolen Valor Act should be interpreted so broadly that other forms of speech are restricted.
For example, would it be a crime for an actor (say Jack Nicholson playing a decorated Marine Corps officer in a movie) to don military medals and decorations for a role in a film or play? Of course not.
Nor should there be an issue if a teenaged kid dressed up for Halloween as a soldier zombie and had some military decoration pinned on his costume.
I think the act should be used to prevent fraudsters from using their fake “status” to obtain something of value, say a free VFW dinner for recognition of implied military service, or a job, or school tuition help, or political office, etc.
I can claim to be a doctor or judge as long as I don’t try to treat you for your illness or put on a robe and walk into a court room and start sentencing people. That’s where the line should be drawn.
We would have to shut down every bar if we arrested the patrons that were lying, however, lying about military service to an employer or any other person for monetary gain is fraud and should be prosectued as fraud.
I don’t believe the 1st amendment protects every sound that comes out of a human’s mouth. It wasn’t put there to protect lies.
I don’t know if there’s any law against lying about earning a military medal I don’t see any Constitutional objections to one.
In order to prove a crime the State needs to prove a criminal intent. So, sitting in a bar b.sing about made up military service probably doesn’t rise to a crime.
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.