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Heck, the president has lied about almost everything he’s (never) done...so how can we pick on other liars?
this law will be overturned..8 to 1 maybe 9-0....free speech is free speech..westboro and larry flynt have proved it
The Ninth Circuit Court of Appeals appears correct. I was momentarily distracted by pleasant speculations about sending elected officials to jail, but criminalizing even egregious lies is simply wrong by the First Amendment. However, profiting from lies in terms of power and money is wrong. In that case you have victims. The act does seem to recognize the link in findings by saying:
(2) Federal law enforcement officers have limited ability to prosecute fraudulent claims of receipt of military decorations and medals.
However, the act goes on to ignore fraud and make the statements by themselves criminal. I will speculate the problem resides with disinterest by law enforcement and district attorneys in establishing the linkages for acquisition of power and money, and prosecuting the resulting crimes.
I will also speculate that powerful constituencies have not altered their attitudes toward the military since Vietnam. I was popularly regarded as a deranged, drug addicted, baby killing, fascist, pig. Now my Marine son holds popular distinction as a despondent, mentally challenged, chemically dependent, cold blooded, killer. And if you think that characterization inaccurate consult, John Kerry, Jack Murtha, and the VA answering machine.
It is interesting to witness these claims of manly valor after the fact. A fellow veteran recently sent me an email reproducing an internet claim (Thank heavens for such irrefutable sources!) that from census records six or eight times as many claim service in Vietnam as actually did. Here is another reason to hold my Baby Boomer generation in contempt.
Text of S. 1998 [109th]: Stolen Valor Act of 2005
http://www.govtrack.us/congress/billtext.xpd?bill=s109-1998
Glad to see these jerks worrying about the gut issues of our time. When you get right down to it, the SCOTUS is a bunch of self-serving, lazy jerks whose love for “the law,” and its “wonderful nuances,” transcend doing anything meaningful for the country they all supposedly “love.” Their motus operandi, “let’s wait for a “really good case” before we do anything substantive, and then do less than it takes to resolve the issue.” Screw all of them!
I wonder if you lie on a job application about military service, whether, upon being fired, you can sue...
Don’t existing fraud laws cover this?
“Some justices said they worried that upholding the Stolen Valor Act could lead to other limits on speech, including laws that might make it illegal to lie about an extramarital affair or a college degree, or to impress a date”
So it’s illegal to be an adulterer, but not to lie about?
fraud is fraud is fraud - someone gains something of value by pretending to be something they are not, even if it is only the unjustifable respect and trust of someone else. Since when does freedom of speech permit commission of fraud? If this law does not stand, we have become a hopeless legal-pretzel of a nation groping in the dark to find our way.
Nice to see the Clinton appointees still have Bill's back /sarc.
SCOTUS building more credibility and love for the law.
Can I claim to have the Congressional Medal of Honor, or would that put me in contempt of Congress, since Congress awards the medal?-PJThis ruling would suggest that it is okay for me to claim that Congress awarded me their highest honor, and that there is nothing that Congress can do about it.
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What about the person who impersonates an officer? I think that isn't covered by the Stolen Valor Act (only applies to medals?). But if a person claims they were an officer when they never served, would that be contempt of Congress because Congress has the confirmation power for all officers of the United States (or the power to delegate to the Executive the confirmation of lesser officers)?
Wouldn't claiming to be an officer when one is not, in a way be saying that Congress confirmed the person to be an officer when Congress did not?
While I understand the Court’s dilemma, if they do NOT uphold the law, they are cheapening the service of millions of men and women who served their country honorably.
Lies regarding honors and credentials enable one to gain money one/or benefits that they otherwise would not receive. Such action is perpetration of fraud and is criminal.
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Very well. Let’s simply define beating the crap out of a fake “war-hero” as protected speech under the First Amendment.