LOL
Let's all play "Spot the Inaccuracies".
Posted on 02/09/2010 6:46:55 PM PST by One_Upmanship
At a time when returning soldiers are regarded as national heroes and the number of war dead continues to rise, lying about medals affixed to a military uniform is seen as a lie so foul, it is criminal.
It is being challenged now in federal court. Xavier Alvarez, a California man convicted in 2007 of falsely claiming to be a decorated Marine, is asking the U.S. Court of Appeals to overturn the conviction and rule the Stolen Valor Act unconstitutional. A ruling could come at any time.
Most legal experts think he will lose. But he argues that his right to free speech -- even his right to lie -- is protected by the First Amendment.
"It's no more free speech than yelling 'Fire!' in a crowded theater is free speech," Georgetown University law professor Gary Solis told ABCNews.com.
Alvarez was a member of a California municipal water board when he claimed at a 2007 meeting that he was a former Marine with 25 years service and that he had been awarded the Congressional Medal of Honor, the highest military honor awarded by the U.S. government. He is now in prison on an unrelated conviction for insurance fraud.
"I'm not going to defend what Mr. Alvarez said. It was wrong," Deputy Federal Public Defender Jonathan Libby said. "The First Amendment is supposed to mean something."
Upholding the Stolen Valor Act, Libby said, basically gives Congress the right to decide which lies are punishable as crimes. Alvarez didn't commit perjury, he said, and he didn't use his claims to collect veterans affairs benefits. His crime hurt no one, Libby argues.
"People tell lies about all sorts of things all the time," Libby said. "And the First Amendment certainly protects the right to lie."
(Excerpt) Read more at abcnews.go.com ...
So if he wins, I get to wear a police uniform and fix my car up like a police car? AWESOME!
Despicable butt-head.
ugh
Everyone ever convicted of perjury is rooting for him.
LOL
Let's all play "Spot the Inaccuracies".
LOL! Great point!
Fine, send his ass to Camp Pendleton or some other Marine Corps base and have him “tell his lies” in front of the Marines. Or better yet, put him on a Navy ship with a Marine contigent and take bets as to how long before there’s a “man overboard”.
We’ll see what his sorry ass thinks about stolen valor after that.
Dirt bag.
I’m mixed on this as a combat vet still serving (now with reallignment) with C Co., 2STB, 2BCT-4’th ID at Fort Carson. Although I believe that states could constitutionally ban lying about valor as long as it doesn’t violate their constitution, I don’t believe that the federal government can ban such an action as long as the person isn’t trying to achieve a federal benefit by doing so. The tenth amendment leaves this to the states to decide and bans the federal government from enacting such a law. So, he should win this case because it’s based on an unconstitutional federal law.
So then why is it free speech to burn the American flag but a hate crime if you burn another countries, i.e say some Islamic country ????
“He is now in prison on an unrelated conviction for insurance fraud.”
“Unrelated”? No, the man is a complete fraud!
He thinks he can steal valor with impunity. Payback will come, if not in this world then in the next.
I don’t in anyway condone wearing of medals you haven’t earned, here comes the BUT monkey...
But, comparing this to a someone impersonating a uniformed police officer is not accurate.
When someone wearing a police uniform tells you to do something you will do it in general. Uniformed military do not garner this authority, to tell you to do something or have any kind of authority over anyone who is not assigned to them(with rare exceptions)
Again as a veteran I don’t like anyone wearing something they didn’t earn. If the wearing of such uniform was done in order to pull of a violent crime then I see that as punishable. But just the wearing of material or clothing arranged in a certain way, that does not give you authority(or perceived authority) over another individual(as would a police uniform) doesn’t constitute a crime.
Where does it stop? Can someone wear a uniform in the filming of a movie? A play? Can your child or teenager dress as a soldier for Halloween or a costume party?
If someone wears a uniform that they did not earn the right to wear during the commission of a fraud, then they are guilty of fraud. If they wear it in order to gain some form of sympathy or respect then they are just sad.
I am not a lawyer but I have served my country and just don’t understand how someone wearing uniform without committing a crime or trying to gain some advantage by it could be a crime.
Flame a way!
No one has a right to fraud.
Gee whiz where do we start? First thing that pops out to me is ribbon order of precedence.
Secondly, the story said he claimed to be a Marine but he is wearing an Army uniform.
Think in terms of why printing counterfeit $50 bills is not covered by "freedom of the press". It devalues the legitimate $50 in circulation, thereby victimizing the holders of legitimate $50 bills who actually earned them. I don't particularly care for the name of the "Stolen Valor Act" as it's somewhat misleading. Valor, like intelligence, integrity, etc. is a personal quality (i.e. personal capital) and military decorations and awards are merely symbolic recognition of that, just as an advanced degree, a copyright or a patent is a symbolic award of an intellectual achievement. You can't steal a persons valor or intelligence, but you can undermine the value of the symbols or recognition they have received for them.
Medal fraud victimizes an entire class of people by undermining the value of the recognition they've received for their acts in the eyes of the public.
My Dad served in WWII. I have the stuff he wore on his uniform. Unfortunately I don’t know what it means, but he earned it. Why is it freedom of speech to lie about what you did or did not earn in the military? I don’t understand and I’m terribly offended by those who lie about what they earned what they wear on their uniform!
Nice lipstick, Lurch!
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