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Old 07-19-2010, 01:58 PM
 
31,387 posts, read 37,045,063 times
Reputation: 15038

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Quote:
Originally Posted by pghquest View Post
Lying is indeed constitutional, fraud might not be depending on the intent to harm another individual. Did the man discussed by the OP conduct fraud?
Do you realize how incredibly stupid a person has to be to write something that would give cause for us to be on the same side?
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Old 07-19-2010, 02:59 PM
 
Location: Portland, Oregon
7,085 posts, read 12,054,512 times
Reputation: 4125
Yes, let's protect lying, fraud and impersonation. Which is not protected as free speech in any official capacity, such as credentials for positions or to mislead. It never has been.

District court judges can have their opinion, but they cannot rule on constitutionality.

Same thing with educational credentials. You can tell your friends you are a Ph.D. in Psychology (or a legal degree), even print up a fancy looking certificate to impress the cat, but using it or posting yourself will get you at least pretty nasty fine.
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Old 07-20-2010, 07:01 AM
 
57 posts, read 81,105 times
Reputation: 57
Still waiting for that list of wives. Sat in the bar all night too. Received only a couple of pictures. You guys are holding down my freedom of speech rights, get with it!
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Old 07-20-2010, 07:07 AM
 
69,368 posts, read 64,108,083 times
Reputation: 9383
Quote:
Originally Posted by Pete The Cheat View Post
Ok guys if it's all about free speech then hook me up and post your wives information here for me. I'd plan on going down to the bar and letting everybody know how I had some pretty wild rolls in the hay with these women. After all, it's my right to do so as far as freedom of speech is concerned.
Pictures appreciated.
Are you claiming that its now illegal to go down to the bar and claim you've slept with everyones wives from here? All you did was validate the fact that it is free speech, unless you can name one individual arrested for doing what you've claimed you want to do..
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Old 07-20-2010, 07:10 AM
 
69,368 posts, read 64,108,083 times
Reputation: 9383
Quote:
Originally Posted by Pete The Cheat View Post
Still waiting for that list of wives. Sat in the bar all night too. Received only a couple of pictures. You guys are holding down my freedom of speech rights, get with it!
There is nothing stopping you from sitting at the bar and lying about all of the people you've slept with.. I'm sure others sitting next to you there would be much more interested in your adventures than we are here with your requests.. I could provide you with names/photos, addresses of my fiance, do you realise that you wouldnt be breaking the law by claiming you've been with her? I'm all for locking up the stupid, but I think our economic system would collapse from the expense..
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Old 07-20-2010, 07:11 AM
 
716 posts, read 1,119,631 times
Reputation: 337
It's easy to find out if someone served or what medals they earned, so if he's just claiming to be a Marine vet with some medals, it's pathetic but futile. Any employer could quickly see through it, and he won't get any state or federal benefits. A real Marine veteran would probably figure him out in a few minutes. So while it's messed up what he's doing, it's not really benefiting him in any way. On the other hand, if he was wearing the uniform with his decorations, that would be a much different story.
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Old 07-20-2010, 07:28 AM
 
Location: Wisconsin
37,971 posts, read 22,147,086 times
Reputation: 13801
Quote:
Originally Posted by Gary Siete View Post
http://www.delcotimes.com/articles/2...c746492842.txt
Stolen Valor Act of 2005 - Wikipedia, the free encyclopedia

Rick Glen Strandlof of Colorado claimed he was an ex-Marine who was wounded in Iraq and received the Silver Star and the Purple Heart, but the military had no record he ever served in the Marine Corps. Strandlof 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 earned a military medal.

But U.S. District Judge Robert Blackburn [nominated by GW Bush] dismissed the case and said the Stolen Valor Act is unconstitutional. He ruled that the government did not show it had a compelling reason to restrict that type of statement by Strandlof or anyone else.
Does this mean he can claim disability payments from his war injuries?

While it is repulsive to me that civilians are making false claims like this, I can see the judge's point here. Its not much different then Prof. Ward Churchill claiming to be a Native American.

We can expose these frauds and reject them, but should we be tossing them in prison?

I would say that if you made false claims of valor as a government employee, or as an elected politician, then forcing them to resign, and banning them from further public service, would be appropriate. But just some braggart at a local bar or a mentally disturbed person, should just be exposed for the liars or mental cases that they are.
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Old 07-20-2010, 07:45 AM
 
23,838 posts, read 23,121,445 times
Reputation: 9409
Quote:
Originally Posted by Pete The Cheat View Post
The guy should be shot for wasting oxygen. I guess it's cool to make a huge debate out of everything, but to say this is a violation of the guy's freedom of speech then you're borderline retarded.
Do you advocate burning flags? Just curious.
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Old 07-20-2010, 08:23 AM
 
Location: San Diego
50,290 posts, read 47,032,885 times
Reputation: 34067
Quote:
Originally Posted by Pete The Cheat View Post
Still waiting for that list of wives. Sat in the bar all night too. Received only a couple of pictures. You guys are holding down my freedom of speech rights, get with it!
My ex has the herpe, you better beeline to the Dr.
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Old 07-20-2010, 08:34 AM
 
31,387 posts, read 37,045,063 times
Reputation: 15038
[quote=subsound;15107656]Yes, let's protect lying, fraud and impersonation. Which is not protected as free speech in any official capacity, such as credentials for positions or to mislead. It never has been.

District court judges can have their opinion, but they cannot rule on constitutionality.

Where is the fraud? Fraud requires all of these five elements (or tests).

(1) a false statement of a material fact,
(2) knowledge on the part of the defendant that the statement is untrue,
(3) intent on the part of the defendant to deceive the alleged victim,
(4) justifiable reliance by the alleged victim on the statement, and
(5) injury to the alleged victim as a result.

If impersonation were a crime the prisons would be filled with Elvis.

Quote:
District court judges can have their opinion, but they cannot rule on constitutionality.
What on god's earth do you think that Federal court's do everyday

From the U.S. Federal Court's own website, scroll down to types of cases heard and let this issue never be brought up again.

Comparing Federal and State Courts

Quote:
Same thing with educational credentials. You can tell your friends you are a Ph.D. in Psychology (or a legal degree), even print up a fancy looking certificate to impress the cat, but using it or posting yourself will get you at least pretty nasty fine.
From who? You can walk around telling the world that you have a doctorate in nuclear physics but unless you attempt to defraud an academic institution there are no criminal penalties. An example, the Tennessee statute on "Misrepresentation of Academic Credentials"

http://www.uthsc.edu/oed/EEOC/Misrep...redentials.pdf
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