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In a 6-3 decision, the Supreme Court struck down the Stolen Valor Act, which made it a crime to falsely claim that one was a war hero, received medals, etc.
I disagree with President Obama when he defended the law. I, of course, hate those who lie about their military service. However:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
I cannot find who voted in the majority. No doubt Justice Scalia did, since the original intent of the this first amendment is clear: congress shall not abridge.
Should my Dad have been prosecuted? He was a Marine in WWII and had a cigar box full of medals. He usually denied being in the military unless it was family or someone he was lifelong friends with.
The Government invited him to the WWII Memorial opening ceremony in DC all expenses paid, he didn't even acknowledge it.
Let people crow about their military service, I almost always assume they are lying.
(b) The Act seeks to control and suppress all false statements on this one subject in almost limitless times and settings without regard to whether the lie was made for the purpose of material gain. Permitting the Government to decree this speech to be a criminal offense would endorse government authority to compile a list of subjects about which false statements are punishable. That governmental power has no clear limiting principle. Pp. 10−11.
Perhaps you should read the US Supreme Court decision handed down today, in which the Court noted that no fraud was involved.
Holy cow.
uhmm
The Stolen Valor Act of 2005, signed into law by President George W. Bush on December 20, 2006, was a U.S. law that broadens the provisions of previous U.S. law addressing the unauthorized wear, manufacture, or sale of any military decorations and medals. It makes it a federal misdemeanor to falsely represent oneself as having received any U.S. military decoration or medal. If convicted, defendants may be imprisoned for up to six months, unless the decoration lied about is the Medal of Honor, in which case imprisonment could be up to one year.
The Act was first introduced in the U.S. House of Representatives on July 19, 2005, by Representative John Salazar, a Democrat from Colorado, as H.R. 3352. It was introduced into the Senate by Senator Kent Conrad, a Democrat from North Dakota, on November 10, 2005, as S. 1998. The Senate version was passed unanimously on September 7, 2006. The Senate version then went to the same House Judiciary Committee that held the House version. The Act briefly stalled, but the House subsequently passed the Senate version, S. 1998, on December 6, 2006.
The purpose of the Act is to strengthen the provisions of federal law (18 U.S.C. § 704[8]) by broadening its scope and strengthening penalties. Specific new provisions in the Act include: granting more authority to Federal law enforcement officers; broadening the law to cover false claims whereas previously an overt act had to be committed; covering mailing and shipping of medals; and protecting the reputation and meaning of military heroism medals. Under the act, it is illegal for unauthorized persons to wear, buy, sell, barter, trade, or manufacture “any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces.†In the 18 months after the act was enacted, the Chicago Tribune estimates 20 prosecutions. The number is increasing as awareness about the law spreads
The Act was passed to address the issue of persons claiming to have been awarded military awards for which they were not entitled, and exploiting their deception for personal gain. For example, as of June 2, 2006, there were only 120 living Medal of Honor recipients, but there were far more known imposters. There are also large numbers of people fraudulently claiming to be Navy SEALS and Army Special Forces, among others.
I just got finished with cutting a OTH order on a Soldier that was convicted of being a phoney soldier.
he applied for VA benefits of a COMBAT soldier/ranger/purple heart reciepient....yet he was none of those...just a reservist who never deployed
The Stolen Valor Act of 2005, signed into law by President George W. Bush on December 20, 2006, was a U.S. law that broadens the provisions of previous U.S. law addressing the unauthorized wear, manufacture, or sale of any military decorations and medals. It makes it a federal misdemeanor to falsely represent oneself as having received any U.S. military decoration or medal. If convicted, defendants may be imprisoned for up to six months, unless the decoration lied about is the Medal of Honor, in which case imprisonment could be up to one year.
The Act was first introduced in the U.S. House of Representatives on July 19, 2005, by Representative John Salazar, a Democrat from Colorado, as H.R. 3352. It was introduced into the Senate by Senator Kent Conrad, a Democrat from North Dakota, on November 10, 2005, as S. 1998. The Senate version was passed unanimously on September 7, 2006. The Senate version then went to the same House Judiciary Committee that held the House version. The Act briefly stalled, but the House subsequently passed the Senate version, S. 1998, on December 6, 2006.
The purpose of the Act is to strengthen the provisions of federal law (18 U.S.C. § 704[8]) by broadening its scope and strengthening penalties. Specific new provisions in the Act include: granting more authority to Federal law enforcement officers; broadening the law to cover false claims whereas previously an overt act had to be committed; covering mailing and shipping of medals; and protecting the reputation and meaning of military heroism medals. Under the act, it is illegal for unauthorized persons to wear, buy, sell, barter, trade, or manufacture “any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces.†In the 18 months after the act was enacted, the Chicago Tribune estimates 20 prosecutions. The number is increasing as awareness about the law spreads
The Act was passed to address the issue of persons claiming to have been awarded military awards for which they were not entitled, and exploiting their deception for personal gain. For example, as of June 2, 2006, there were only 120 living Medal of Honor recipients, but there were far more known imposters. There are also large numbers of people fraudulently claiming to be Navy SEALS and Army Special Forces, among others.
I just got finished with cutting a OTH order on a Soldier that was convicted of being a phoney soldier.
he applied for VA benefits of a COMBAT soldier/ranger/purple heart reciepient....yet he was none of those...just a reservist who never deployed
Jesse Ventura always talks about being a Navy Seal. I heard him talk about it on the radio for 20 years. Turns out he was a Seal, was in Vietnam but never saw any action. That's when I understood why my Dad would never talk about his service and would never admit to anything. He didn't want to be grouped with clowns like that.
I think that is also why he boxed up his Japanese sword, infantry rifle and flag and sent it back to Japan. He didn't want someone collecting his stuff someday.
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