Posted on 01/06/2008 6:33:10 AM PST by forkinsocket
An elected official charged with falsely claiming he earned the military's highest honor has filed a motion to dismiss the federal case against him on free speech grounds.
The motion argues that the Stolen Valor Act of 2005, under which water board member Xavier Alvarez was charged, is incompatible with the First Amendment because it restricts free speech by criminalizing false claims of military honors.
Alvarez, an elected representative to the Three Valleys Municipal Water District, said last year at a water district meeting that he was awarded the Congressional Medal of Honor for his deeds as a Marine.
After admitting he never served in the military, he was charged with violating the Stolen Valor Act. He pleaded not guilty to the misdemeanor charge.
(Excerpt) Read more at sfgate.com ...
ML/NJ
Hmmm, a Water Board member who should get the waterboard treatment for this kind of gross selfserving medal devaluing lie!!
He knows the Ninth Circus will no doubt agree with him...
Following his argument, all truth in advertising laws would be unconstitutional also.
he was awarded the Congressional Medal of Honor for his deeds as a Marine.
What a maroon!! What’s worse is that there are people out there dumb enough to vote for this scumbag!
bump
When does he announce for the senate?
hey, he was only trying to score concert tickets and a Hannah Montana wig — whatever it takes to WIN.
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