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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
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Your 9th Circus at its finest!!!
1 posted on 08/17/2010 6:39:05 PM PDT by markomalley
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To: markomalley

Lying is free speech. Brave New World.


2 posted on 08/17/2010 6:40:20 PM PDT by Pearls Before Swine
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To: markomalley

What the H is going on??!!


3 posted on 08/17/2010 6:40:31 PM PDT by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: markomalley

Can you claim to be retired FBI with awards displayed and worn?


4 posted on 08/17/2010 6:41:02 PM PDT by ansel12
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To: markomalley

So denying someone their First Amendment right to scream “fire” in a crowded theater should also be “unconstitutional”.


5 posted on 08/17/2010 6:41:43 PM PDT by FlingWingFlyer (DemocRATS! America's Taliban!)
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To: markomalley

I thought this was satire at first. Then I read that it came from the AP and the Ninth Circuit Court and realized it was farce.


6 posted on 08/17/2010 6:41:58 PM PDT by hometoroost (I'm sorry did you say "post racial" president or "most racial" president?)
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To: ansel12

Better yet, go get yourself a policeman’s uniform and hit the streets. See how long that “First Amendment right” lasts.


7 posted on 08/17/2010 6:43:27 PM PDT by FlingWingFlyer (DemocRATS! America's Taliban!)
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To: markomalley

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. ........................................................ LOL, I wonder if they would have decided differently if it was the Knights (Iron) Cross with diamonds he was wearing? Probably not, no more than they would for the order of Lenin.


8 posted on 08/17/2010 6:44:55 PM PDT by Bringbackthedraft (Put Alan West on the fast track, to the White House!)
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To: markomalley

I agree with the decison. We don’t need another law. If an individual committs fraud, then arrest him or her under fraud statutes


9 posted on 08/17/2010 6:45:11 PM PDT by Perdogg (Nancy Pelosi did more damage to America on 03/21 than Al Qaeda did on 09/11)
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To: markomalley

This is sick. The 9th Circus makes it legal for scums to lie thereby diminishing the valor of Medal of Honor recipients in some peoples eyes.


10 posted on 08/17/2010 6:45:49 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: markomalley

I guess I can kick that poser outta the Oval Office since I am the President!


11 posted on 08/17/2010 6:46:30 PM PDT by Young Werther ("Quae cum ita sunt" Since these things are so!)
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To: ansel12

Why not? Obama claims to be POTUS.


12 posted on 08/17/2010 6:46:53 PM PDT by donhunt (Where does this totalitarian ashwipe get off telling me I can't chose for myself?)
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To: markomalley

WTF! I love that web site where real SEALs bust the phonies.

This is sickening about this corrupt judiciary.


13 posted on 08/17/2010 6:47:02 PM PDT by Frantzie (Obama & Democrats support the VICTORY MOSQUE)
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To: ansel12

Good question-I don’t think there is any law against impersonating a “retired” police officer.


14 posted on 08/17/2010 6:47:19 PM PDT by Frank_2001
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To: markomalley
So would the 9th have a problem with people going around saying they were once judges?
15 posted on 08/17/2010 6:47:57 PM PDT by guitarplayer1953 (Rebellion to Tyrants is Obedience to GOD! Thomas Jefferson)
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To: Perdogg
"If an individual committs fraud, then arrest him or her under fraud statutes"

You would think the same logic would apply to "hate crimes" as well, but I bet the courts will never see that.

16 posted on 08/17/2010 6:48:22 PM PDT by Flag_This (Real presidents don't bow.)
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To: markomalley

9th sets an example for all kids. They have a constitutional RIGHT to LIE.


17 posted on 08/17/2010 6:48:48 PM PDT by Marty62 (marty60)
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To: Perdogg
I agree with the decison. We don’t need another law. If an individual committs fraud, then arrest him or her under fraud statutes

This is a good decision, yes I know it's the Ninth Circuit but the Stolen Valor Act criminalized speech that did not involve fraud or harm to anyone. If fraud is committed then fine, press charges. But with this law they could lock someone up just for saying something that turned out not to be true. If the USSC overturns this decision hate crime laws will be next.

18 posted on 08/17/2010 6:51:28 PM PDT by Reaganwuzthebest
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To: markomalley

Let’s all claim to be Retired Federal Judges, then, and get paid for speaking engagements?


19 posted on 08/17/2010 6:51:55 PM PDT by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: markomalley

John Kerry is relieved.

Just imagine if lying about your accomplishments was a crime...
Congress would have to be relocated to the Federal prison.
Al Gore would be asking if he gets internet privileges.
The president would convert to Islam and change his name to Baraq Hussein 0bama X.


20 posted on 08/17/2010 6:52:11 PM PDT by counterpunch (Imam B'araq Hussein Mohammad 0bama, President of the 57 States of Islam.)
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