Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Appeals court: Stolen Valor Act unconstitutional
AP ^ | 8/17/2010

Posted on 08/17/2010 6:39:02 PM PDT by markomalley

A federal appeals court panel in California says people have a right to lie about receiving military medals.

The Tuesday ruling involves the case of Xavier Alvarez, who falsely claimed in 2007 to have won a Congressional Medal of Honor. He was charged with violating the federal Stolen Valor Act, which makes it a crime to falsely claim to have won a military medal.

Alvarez challenged the law on appeal as a violation of his free-speech rights.

A panel of the 9th U.S. Circuit Court of Appeals sided with him in a 2-1 decision. The majority said there's no evidence that such lies harm anybody, and there's no compelling reason for the government to ban such lies

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Front Page News; Government
KEYWORDS: 9thcircus
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 141-158 next last
To: markomalley
"Congress shall make no law ... abridging the freedom of speech"

Wow...what an unimaginable stretch!

41 posted on 08/17/2010 7:22:22 PM PDT by ProtectOurFreedom
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ghost of Philip Marlowe
The law involved more than just impersonation. All an individual had to do was say he was a hero without being one and he could get locked up for a year. No medals or fraud or harm to anyone was necessary, only the speech.

If they start locking people up for simply lying everyone goes to jail. In Canada they do this now with hate speech laws that supposedly hurt the feelings of people from those speaking their opinions.

42 posted on 08/17/2010 7:26:26 PM PDT by Reaganwuzthebest
[ Post Reply | Private Reply | To 40 | View Replies]

To: Reaganwuzthebest

Claiming to be what you are not sounds like a lie to me and a form of fraud. To do so to be respected is, to me stolen valor.

I don’t have a problem with it, unless, as I said in another post, we make “crimes of passion” legal, too.

Other than that. Eff the aholes trying to destroy everything good in America and using our liberties to do so.

Get rid of hate crimes. Jail impersonators.


43 posted on 08/17/2010 7:31:08 PM PDT by Ghost of Philip Marlowe (Prepare for survival.)
[ Post Reply | Private Reply | To 42 | View Replies]

To: Pearls Before Swine

It’s scary to let the government ban lying when it also gets to decide what the truth is.

I can see it now. It’s illegal to lie about the presidents birth place. It is a fact he was born in Hawaii.


44 posted on 08/17/2010 7:37:05 PM PDT by Clump (the tree of liberty is withering like a stricken fig tree)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Ghost of Philip Marlowe

Like I said be careful what you wish for. You’re mistaken if you think the politicians will stop at this if the USSC upholds it. There will be a rush to criminalize speech that they don’t like. The First Amendment sometimes requires putting up with people who exaggerate their accomplishments without committing fraud or hurting anyone.


45 posted on 08/17/2010 7:37:11 PM PDT by Reaganwuzthebest
[ Post Reply | Private Reply | To 43 | View Replies]

To: markomalley

Evidently it’s also permissible to impersonate a judge.


46 posted on 08/17/2010 7:42:36 PM PDT by Humble Servant
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ghost of Philip Marlowe

If this law stood- tge government would be able to criminalize things like climate change, birtherism, etc. Very very dangerous powers for the government to have IMHO.


47 posted on 08/17/2010 7:43:23 PM PDT by Clump (the tree of liberty is withering like a stricken fig tree)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Clump
It’s illegal to lie about the presidents birth place. It is a fact he was born in Hawaii.

Is that a fact? I mean, "That's now a fact."

48 posted on 08/17/2010 7:43:45 PM PDT by Pearls Before Swine
[ Post Reply | Private Reply | To 44 | View Replies]

To: markomalley

So fraud is now legal. . . use the lie to get elected, you are using deceit to gain something of value. Judges have become educated morons.


49 posted on 08/17/2010 7:46:42 PM PDT by RatRipper (I'll ride a turtle to work every day before I buy anything from Government Motors.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Reaganwuzthebest

I don’t doubt what you say, and I am always very careful.

And you did not mention the gravest danger, which is how leftists play both ends against the middle.

They’ll defend gay marriage as a “right” while banning speech that denounces gay marriage.

I understand that.

But I also think that we are so close to losing the very core of our country that we must do what we can to defend the fundamentals of our culture.

Take care.


50 posted on 08/17/2010 7:54:46 PM PDT by Ghost of Philip Marlowe (Prepare for survival.)
[ Post Reply | Private Reply | To 45 | View Replies]

To: Clump

Not if we take back control of our government.

It’s frightening that so many patriots have accepted that premise.

I reject the premise that they control us. They control us only so far as we allow them to control us.

I think America is waking up to that Constitutional precept and that many are prepared to enforce it.


51 posted on 08/17/2010 7:56:59 PM PDT by Ghost of Philip Marlowe (Prepare for survival.)
[ Post Reply | Private Reply | To 47 | View Replies]

To: markomalley

This is not a free speech issue. This is a fraud issue because the person uttering the falsehood expected to receive something of value as a result of the lie.


52 posted on 08/17/2010 7:59:01 PM PDT by MindBender26 (Fighting the "con" in Conservatism on FR, since 1998.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley
Can I claim to have the Congressional Medal of Honor, or would that put me in contempt of Congress, since Congress awards the medal?

This 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.

-PJ

53 posted on 08/17/2010 8:03:16 PM PDT by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

For a lie to work it has to be believed. Being a bit more discerning wouldn’t hurt especially when it come to presidential elections.


54 posted on 08/17/2010 8:30:18 PM PDT by Razzz42
[ Post Reply | Private Reply | To 1 | View Replies]

To: P-Marlowe

Thought you’d like to see this.


55 posted on 08/17/2010 8:32:33 PM PDT by Reaganwuzthebest
[ Post Reply | Private Reply | To 1 | View Replies]

“The Tuesday ruling involves the case of Xavier Alvarez, who falsely claimed in 2007 to have won a Congressional Medal of Honor. He was charged with violating the federal Stolen Valor Act, which makes it a crime to falsely claim to have won a military medal. Alvarez challenged the law on appeal as a violation of his free-speech rights.”

I’m surprised he fought it. I would think he’d be so ashamed after getting caught he couldn’t show his face in public.


56 posted on 08/17/2010 9:05:49 PM PDT by A nous la liberte
[ Post Reply | Private Reply | To 1 | View Replies]

To: Marty62; Reaganwuzthebest; xzins
9th sets an example for all kids. They have a constitutional RIGHT to LIE.

Everybody does.

Who then should be the guardian of "Truth"? Eric Holder's Justice Department?

As much as I detest someone lying about having earned some military medal, I fear a government that would make such braggary a crime.

Congress shall make no law....

Yet, they just keep making them, don't they?

57 posted on 08/17/2010 9:06:18 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
[ Post Reply | Private Reply | To 17 | View Replies]

To: MindBender26
This is not a free speech issue. This is a fraud issue because the person uttering the falsehood expected to receive something of value as a result of the lie.

That is not the definition of fraud. Fraud has several elements including that the person defrauded must have suffered damages.

Would you favor a law which made it a crime to claim that Obama was not born in Hawaii?

Would you favor a law which made it a crime to "lie" about your congressman's voting record?

And who then would you choose to be the arbiter of "Truth"?

This was a very dangerous law.

Congress shall make no law.... unless it is something that some of us approve of.

58 posted on 08/17/2010 9:12:19 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
[ Post Reply | Private Reply | To 52 | View Replies]

To: Reaganwuzthebest
And they were all appointed by A Bush, even on the Ninth.
59 posted on 08/17/2010 9:14:54 PM PDT by Just A Nobody ( (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA))
[ Post Reply | Private Reply | To 37 | View Replies]

To: Political Junkie Too
This 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.

I would hope so.

Congess shall make no law.........

60 posted on 08/17/2010 9:24:03 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
[ Post Reply | Private Reply | To 53 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 141-158 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson