Posted on 02/08/2010 8:46:03 AM PST by lbryce
When does bragging become illegal?
Federal courts in California and Colorado will soon hear two cases that struggle with the question of whether lying about military service is a criminal offense.
In California, Xavier Alvarez said during a public meeting that he received the Medal of Honor for his time in the Marines. Alvarez never served in the military and pleaded guilty to misrepresenting himself on the condition that he could appeal on the basis of the First Amendment.
In Colorado, Rick Strandlof said he was a former Marine with a Purple Heart and Silver Star, claims which he used when establishing a non-profit organization to help homeless veterans (he was posing as "Rick Duncan," according to The Denver Post). He was charged with five misdemeanors.
The crimes of both men are punishable via the the Stolen Valor Act, which established in 2006 that lying about earning an American military medal is a crime and could carry a punishment of up to a year in jail. The law forbids anyone to wear a military medal that was not earned.
AP via Washington Post: Dozens of people have been arrested under the law at a time when troops coming home from wars in Afghanistan and Iraq have been embraced as heroes. Almost all of the impostors were ordered to perform community service.,
While the First Amendment does not protect lewd, libelous or imminently dangerous speech, does this mean it protects lies about military service as long as those lies do not hurt another person?
(Excerpt) Read more at businessinsider.com ...
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.[2][3] It was introduced into the Senate by Senator Kent Conrad, a Democrat from North Dakota, on Nov. 10, 2005, as S. 1998.[4][5] The Senate version was passed unanimously on September 7, 2006.[5][6] 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 Dec. 6, 2006.[7]
The purpose of the Act is to strengthen the provisions of 18 U.S.C. § 704 by broadening its scope and strengthening penalties. Specific new provisions in the Act include: granting more authority to Federal law enforcement officers, extending scope beyond the Medal of Honor; 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.[3][5] 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. [8]
The Act was likely 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.[9][10][11] There are also large numbers of fake Navy SEALS[12][13] and Army Special Forces,[14] among others.
As the law is written, Hell Yes, is the simple answer.
Law seems superfluous. Just charge them with fraud...
...And who is [John Kerry], A close associate hints: There's a secret compartment in Kerry's briefcase. He carries the black attaché everywhere. Asked about it on several occasions, Kerry brushed it aside. Finally, trapped in an interview, he exhaled and clicked open his case."Who told you?" he demanded as he reached inside. "My friends don't know about this."
The hat was a little mildewy. The green camouflage was fading, the seams fraying.
"My good luck hat," Kerry said, happy to see it. "Given to me by a CIA guy as we went in for a special mission in Cambodia."
Kerry put on the hat, pulling the brim over his forehead. His blue button-down shirt and tie clashed with the camouflage. He pointed his finger and raised his thumb, creating an imaginary gun. He looked silly, yet suddenly his campaign message was clear: Citizen-soldier. Linking patriotism to public service. It wasn't complex after all; it was Kerry.
He smiled and aimed his finger: "Pow."
What about the phony soldiers who claim to have served, protest against our wars, and claim to have witnessed war crimes?
Whatever happened to beating them up? (Which they deserve).
My concern with a mere lie being a crime(as opposed to fraud, which is theft-by-lying) is “who gets to decide what is true?”
I see the harm these fake vets cause; but the same could be argued for “climate deniers” (gag) or “people who lied about Obama not being a citizen,” and the like.
Once mere speech is criminalized, even lies, a slippery slope is created.
I, for one, don’t want Obama’s Ministry of Truth decided what is, and what is not, a “socially harmful lie.”
“Should Lying About Military Service Be A Crime?”
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uh, should lying about being an American be a crime...?????
What about the phony soldiers who claim to have served, protest against our wars, and claim to have witnessed war crimes?
Making up fraudulant information to intentionally slander someone is already a crime.
The British hanged Lord Haw Haw. He was US born but resided in England (before going to Germany to serve Hitler).
Impersonate a law enforcement officer, doctor, or judge and see what the charge is.
Xavier Alvarez: Lied about MOH
All,
I find it very curious that in many cases lawyers have made claims of clients suffering from bipolar personality disorder, other mental health issues as a defense.
Generalismo Ray Nagin (D-New Orleans):
Should it be a crime?
Only if it invovles fraud.
Things like lying on your resume or lying to a woman to get her into bed are forms of fraud if it caused a person to take an action they otherwise would not have taken (and the person is damaged in someway). I don’t know why we need a special category for fraud about military service as opposed to anything else.
We’ve got too many laws already. We should be simplifiying things.
>>My concern with a mere lie being a crime(as opposed to fraud, which is theft-by-lying) is “who gets to decide what is true?”<<
You either served honorably in the military or you weren’t. You either were awarded certain commendations or you weren’t. You either went on certain missions or you didn’t.
These are not subject to interpretation. They are wither true or false. All your other examples are opinions.
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