Court Rules Stolen Valor Act Unconstitutional

[chevysoldier]

I think this is bull. There are brave men and women who have received decorations for heroic acts and yet these scum bags can tell everyone the have done something they haven't. To me you are lying about a federal order, which is wrong. Although it doesn't surprise me that this was in Cali.

PASADENA, Calif. -- A three-year-old federal law that makes it a crime to falsely claim to have received a medal from the U.S. military is unconstitutional, an appeals court panel in California ruled Tuesday.

A panel of the 9th U.S. Circuit Court of Appeals sided with him in a 2-1 decision Tuesday, agreeing that the law was a violation of his free-speech rights. 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.

The dissenting justice insisted that the majority refused to follow clear Supreme Court precedent that false statements of fact are not entitled to First Amendment protection.

http://www.military.com/news/article/court-rules-stolen-valor-act--unconstitutional.html?ESRC=army-a.nl

[chevysoldier]

Another:

http://www.military.com/news/article/judge-rules-stolen-valor-act-illegal--.html

DENVER -- A law that makes it illegal to lie about being a war hero is unconstitutional because it violates free speech, a federal judge ruled Friday as he dismissed a case against a Colorado man who claimed he received two military medals.

Rick Glen Strandlof claimed he was an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star, but the military had no record he ever served. He was charged with violating the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal.

[Disclaimer]

Skyler Smith Can Now Legally Pretend to Be a War Hero

http://www.truecrimereport.com/2010/08/skyler_smith_can_now_legally_p.php

I tend to surf truecrimereport.com pretty often too. The commentary and stories are entertaining -- in a "Humans are depraved" sorta way

[chevysoldier]

Wow, what a dirt bag.

[chevysoldier]

To me, this is really no different than a civilian impersonating and government official.

[jagr]

The dissenting justice insisted that the majority refused to follow clear Supreme Court precedent that false statements of fact are not entitled to First Amendment protection.

So perjury would be legal as well?

[chevysoldier]

So perjury would be legal as well?

Guess so.

[Cheech]

So perjury would be legal as well?

Perjury assumes you are under oath. Lying to some guy on the street about your chest full of MoH's isn't perjury.

[John]

Although it doesn't surprise me that this was in Cali.

i know cali is the land of fruits and nuts... but thats just where the court happens to be located. the 9th covers cali, washington, oregon, montana, idaho, nevada, hawaii and arizona. if you have beef in any of those states that makes it to the circuit court, you have to go to san francisco, because thats where they built the courthouse.

just like ohio is in the sixth circuit, along with kentucky, michigan and tennessee. if you have a case in tennessee that makes it to the circuit, you go to cincinnati.

this specific case actually originated in colorado.

also, all three of the judges were appointed by george w. bush.

the ninth circuit has the most overturns by the supreme court, however they also do hear the most cases of any circuit court and have the most decisions move on to the supreme court.

[Disclaimer]

John, you shut your facthole!

Liberals

[John]

Indeed, if the Act is constitutional

under the analysis proffered by Judge Bybee, then there

would be no constitutional bar to criminalizing lying about

one’s height, weight, age, or financial status on Match.com or

Facebook, or falsely representing to one’s mother that one

does not smoke, drink alcoholic beverages, is a virgin, or has

not exceeded the speed limit while driving on the freeway.

The sad fact is, most people lie about some aspects of their

lives from time to time. Perhaps, in context, many of these

lies are within the government’s legitimate reach. But the

government cannot decide that some lies may not be told

without a reviewing court’s undertaking a thoughtful analysis

of the constitutional concerns raised by such government

interference with speech.

[chevysoldier]

i know cali is the land of fruits and nuts... but thats just where the court happens to be located. the 9th covers cali, washington, oregon, montana, idaho, nevada, hawaii and arizona. if you have beef in any of those states that makes it to the circuit court, you have to go to san francisco, because thats where they built the courthouse.

just like ohio is in the sixth circuit, along with kentucky, michigan and tennessee. if you have a case in tennessee that makes it to the circuit, you go to cincinnati.

this specific case actually originated in colorado.

also, all three of the judges were appointed by george w. bush.

the ninth circuit has the most overturns by the supreme court, however they also do hear the most cases of any circuit court and have the most decisions move on to the supreme court.

Okay, please show me where this case originated in Colorado, and that Bush appointed 3 of these judges. And was the one who voted to uphold the law appointed by Bush? If the 9th covers cali, washington, oregon, montana, idaho, nevada, hawaii and arizona, and this originated in Colorado, why did it go to the 9th?

[chevysoldier]

Indeed, if the Act is constitutional

under the analysis proffered by Judge Bybee, then there

would be no constitutional bar to criminalizing lying about

one’s height, weight, age, or financial status on Match.com or

Facebook, or falsely representing to one’s mother that one

does not smoke, drink alcoholic beverages, is a virgin, or has

not exceeded the speed limit while driving on the freeway.

The sad fact is, most people lie about some aspects of their

lives from time to time. Perhaps, in context, many of these

lies are within the government’s legitimate reach. But the

government cannot decide that some lies may not be told

without a reviewing court’s undertaking a thoughtful analysis

of the constitutional concerns raised by such government

interference with speech.

But lying on eharmony isn't lying about government orders.

[redkow97]

amoral does not equal illegal.

at the civil level, there has to be a victim for there to be a crime.

at the criminal level, society as a whole must be the victim. I think there's an argument for that claim, but I could just as easily play devil's advocate on the other side of it.

[redkow97]

But lying on eharmony isn't lying about government orders.

but why should lying about government orders be criminal? How does it hurt society as a whole?

we do NOT want to revert to a society where the court punishes every act that's "unwholesome" or amoral. We tried that. It resulted in people wearing a red "A" on their clothing when they cheated on their spouse.

[Disclaimer]

Okay, please show me where this case originated in Colorado, and that Bush appointed 3 of these judges. And was the one who voted to uphold the law appointed by Bush? If the 9th covers cali, washington, oregon, montana, idaho, nevada, hawaii and arizona, and this originated in Colorado, why did it go to the 9th?

That 9th circuit has made a bunch of interesting rulings lately...

The Government's New Right to Track Your Every Move With GPS

http://news.yahoo.com/s/time/08599201315000

I spy with my little eye...

[Cheech]

but why should lying about government orders be criminal? How does it hurt society as a whole?

we do NOT want to revert to a society where the court punishes every act that's "unwholesome" or amoral. We tried that. It resulted in people wearing a red "A" on their clothing when they cheated on their spouse.

Indeed. Tiger Woods has 4 racks of A's, 4 with clusters, 3 with bronze stars and 5 with silver stars.

[Disclaimer]

Lying affects the country when the President does it, and we get into a decade long war over WMDs and fighting terror in the wrong country.

then

[chevysoldier]

Lying affects the country when the President does it, and we get into a decade long war over WMDs and fighting terror in the wrong country.

then

Clinton lied under oath about getting a BJ. Oh but that didn't hurt anybody.

[InyaAzz]

He did NOT have sexual relations with that woman!!!!!

That's because she wasn't really a woman...so technically, he was telling the truth.

[Disclaimer]

Clinton lied under oath about getting a BJ. Oh but that didn't hurt anybody.

I can't tell if you're being sarcastic or not.

If you are, then you'll have to explain how getting a BJ really hurt anything? Or, how it's the same or similar as sending our troops into battle to lay their lives on the line over a lie?

@Inya -- I know right? You'd think a Prez could get much better trim than that heifer.

Edited August 26, 2010 by JRMMiii

[redkow97]

I guess i'm still waiting for an answer as to WHY lying about military honors should be a crime, or under what circumstances?

you don't have to convince me that it's a douchey thing to do; just why it should be criminal.

[vw151]

I guess i'm still waiting for an answer as to WHY lying about military honors should be a crime, or under what circumstances?

you don't have to convince me that it's a douchey thing to do; just why it should be criminal.

+1

how far up your ass would you like the government to be looking?

Should you lie about this stuff? No

Should you go to jail for lying about it? No

Should the police and government be bothered with checking up on every Tom Dick and Harry that says they were a war vet? No

It's a waste of time, a waste of resources and it isn't hurting anyone. If it's a job reference, the potential employer should check into it. If it's a potential relationship then the other person should be determining this stuff. The police don't have the time to check on every single person that cries wolf in the country when they are busy dealing with a lot more important stuff.

Edited August 26, 2010 by vw151

[Kahooli]

I guess what? I'm GOD!

.... detain me

[chevysoldier]

I can't tell if you're being sarcastic or not.

If you are, then you'll have to explain how getting a BJ really hurt anything? Or, how it's the same or similar as sending our troops into battle to lay their lives on the line over a lie?

@Inya -- I know right? You'd think a Prez could get much better trim than that heifer.

He was under oath. He lied.

I guess i'm still waiting for an answer as to WHY lying about military honors should be a crime, or under what circumstances?

you don't have to convince me that it's a douchey thing to do; just why it should be criminal.

Sure, I can lie about having an award and not gain anything from it, monetary wise. But misleading the public or your fellow troopers is wrong. The military fighting man is a position that should not be tarnished by fuck sticks that think it is okay to say they got a purple heart when the didn't. It detracts from the real meaning of the awards and hinders the military. If enough people see soldiers in this kind of light, the support for them will suffer. How many people on here complain about bikers doing stupid shit and a lot of the public hates all bikers based on those select few.

The military is quite different from the general public. There is a certain set of rules and honor that goes with it. Loyalty, duty, respect, selfless service, honor, integrity, personal courage. Those are the army's core values.

My main point about lying is the fact that you are lying about orders, government paperwork. It's no different than impersonating a government official. There are orders making them a government official. If there really was nothing to gain from this, why do it in the first place? If they want to fake their honors, let them be tried by military tribunal.