By The defendant in the case lied at a 2007 Water District Meeting about his service in the Marine Corps.
“Saints may always tell the truth, but for mortals living means lying.”
Those were the words of Chief Judge Alex Kozinski in Monday’s decision by the U.S. 9th Circuit Court of Appeals that the Stolen Valor Act is an unconstitutional restraint on free speech and a threat to every citizen who fibs to embellish his or her image, avoid embarrassment or perpetuate a child’s belief in Santa Claus.
The court struck down both the 2005 act of Congress and the fines and sentence meted out to a Pomona man convicted on criminal charges for falsely claiming to have been awarded the congressional Medal of Honor.
The Stolen Valor Act made it a crime punishable by up to a year in jail to falsely claim to have received high military decorations, as Xavier Alvarez did at a public meeting of the Three Valleys Municipal Water District in 2007.
But Alvarez’s groundless boast of heroic service in the U.S. Marine Corps doesn’t fall under any of the exceptions to 1st Amendment protection of words that are false, as with fraud and defamation, the full appeals court said in refusing to reconsider a 2-1 decision last year to invalidate the act in the court’s nine-state region.
“If false factual statements are unprotected, then the government can prosecute not only the man who tells tall tales of winning the congressional Medal of Honor, but also the JDater who falsely claims he’s Jewish or the dentist who assures you it won’t hurt a bit,” Kozinski wrote in defense of the 1st Amendment.- LA Times
I’m a very big supporter of free speech,. In the past I’ve supported nuts on the left (Cindy Sheehan) and nuts on the right (Anne Coulter) and will continue to do so. Lying being made into a crime can lead to prosecutorial abuse. Who of us at this website hasn’t told a lie?
3:35 am on March 23rd, 2011 1
It's not a lie, it is fraud. A particularly insidious type of fraud. Try misrepresenting yourself as a cop, lawyer, doctor, judge or congressman. See what happens. Go ahead, put those flashing red lights behind the grill of your car. It's not hurting anyone.
4:02 am on March 23rd, 2011 2
We expect the 9th to do anti-American stuff…
5:36 am on March 23rd, 2011 3
This court made it possible for me to finally tell the story of how it was I that led the Rangers up the cliffs at Normandy, gave crucial advice to both Patton and Eisenhower, and even got the CMOH four times for jumping on grenades to save Marines in Okinawa.
And I can now–legally–wear the medals to prove it… Even though all of that happened before I was born…
7:28 am on March 23rd, 2011 4
Don't lawyers advise people to commit purgery every day?
Anyway, hmmm, I'd use him as a basis to fire human resources people if they hired him because he's obviously going to lie on his resume to get his next job.
8:05 am on March 23rd, 2011 5
Fraud shouldn't be considered "free sppech." Sounds like some liberal judges don't think much of the military or military service.
9:04 am on March 23rd, 2011 6
As the article points out, lying (deception) in itself is not a crime in America:
Lying generally crosses the line when it causes some personal or property harm or loss to someone. The Article, in most cases, protects activities like hoaxes and pranks and allows us to satire public officials and corporations without fear without being sued by them, as is done in *some other countries* we know of.
In this case, it may be one of the undesirable trade-offs of our system that even protects the activities of those like the Westboro Baptist group.
9:06 am on March 23rd, 2011 7
correction: The Article should have been The Amendment
10:09 am on March 23rd, 2011 8
#6, I'd frankly be willing to trade the Westboro church and the fake war vets for a good cheese sandwich…
10:12 am on March 23rd, 2011 9
#1,
Good point. Besides, correct me if I'm wrong, but isn't the type of speech protected in your constitution only the kind that is made against the government, or at least that wasn't the original intent?
10:12 am on March 23rd, 2011 10
correction: or at least wasn't that the original intent?
10:17 am on March 23rd, 2011 11
#5,
Now now. I make American liberals look like dinosaurs, but I still have the utmost respect for veterans.
10:58 am on March 23rd, 2011 12
#1 & 5 are correct. Lying and Fraud are not the same. Fraud, in this case is stating a falsehood to gain something of value. Some of us do not take kindly to individuals claiming experience that we Paid for with years of our youth. If it were so valuable to them, they should have signed up. They didn't. If you are confusing this Fraud with Free Speech, You have my Pity. You Pay a Price when you Serve your Country in the military. (maybe not Officers, granted)
What do you call it when you calm something that is not Yours? Stealing? Maybe? Perhaps?
If not I'm going to start claiming that 1/16 of African blood, or that 1/8 indian blood. So what if my skin is whiter than the screen you're looking at. Free Speech! I said I have it. I advise all pigment challenged Soldiers to start checking "OTHER" on the EO sheet. Makes just as much sense.
Actually, I did check "OTHER", as "white" is not a Race. It is a color.
Back to Fraud. If you are saying that being a veteran has no value, you are wrong. If it had no value, individuals would not be claiming service that they did not give.
12:15 pm on March 23rd, 2011 13
#12: Retired GI – Errr… What's your opinion on Combat Arms Platoon Leaders/Company Commanders on deployment in the paying a price equation?
2:51 pm on March 23rd, 2011 14
13 I have no doubt that a combat arms 11B Officer pays the same price as his troops, to a point. After he has enough Rank, it falls off. I should have been more specific to the point of MOS.
I gather you are in the combat arms MOS. In my Aviation field, the difference between Officers and Enlisted is quite pronounced. The closest I came to combat was hunkering down during mortar strikes in Iraq and going out to my guards when they took fire (not often). Not the same as your experience.
Back in 87 while in Honduras, Officers and Enlisted shared the same shower tent.
In Iraq at Camp Taji our Officers had their own "WET" trailer. Can't have the Officers showering with the lowly Enlisted — now can we. That was 2005. I know 11B's would kill for a shower. I'm talking Aviation. (we always seemed to have a few 11B's reclass to aviation)
That was the end of what little respect I had left for the Officer Corp.
Am I right in assuming that your Officers live as your Enlisted live? Perhaps you understand my feeling than.
In Aviation units from the CAV to Korea and Iraq, the Officers that I knew could seldom be considered as Soldiers. More like Politicians. But their were TWO that I recall fondly and would have followed anywhere. Two in twenty years. One in Bosnia and one in Korea.
Did that answer your Question?
Sorry to give you more info than you asked for, but HERE is the only means I have to "air it out".
8:25 pm on March 23rd, 2011 15
Many of these "phony veterans" are doing it to gain veteran's benefits. The fraud is done for financial purposes.
9:25 pm on March 23rd, 2011 16
#15
Then that is a crime and doesn't require any new laws.
9:51 pm on March 23rd, 2011 17
Thanks for the clarification Retired GI. I think we're seeing just about the same way on this issue. I'm on the Essayons side of the house.
10:29 am on March 24th, 2011 18
"Actually, I did check “OTHER”, as “white” is not a Race. It is a color."
It's also a rather barbaric and illogical way of referring to people. A person would have to get all the blood drained out of their body to look anywhere near white and the only skin I've ever seen that was black was on someone who had severe frostbite.
1:42 pm on March 24th, 2011 19
I've seen blue gums though
Seriously, they used to tell us there were no check boxes for race nor any mention of it on a promotion packet and of course no quotas. I couldn't help but snicker as there's a huge 8×10 photo in those same packets.