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 ...
>>Immediately inducted into the US Army or Marine Corp as a Private
After boot camp and advanced training assignment to a combat zone as a rifleman.<<
With no rifle.
“This isn’t speech — it is lying.”
Yes, John Kerry said the same thing about the Swift Boat Veterans for Truth as he tried to shut them down.
What would you prescribe be done to the active duty (as well as past or never served) military member who never saw combat outside of field exercises and falsely claims and wears medals awarded for valor as demonstrated by documented actions in combat? Should they just be kissed on the other cheek and say lying to those who went before them and gave their lives for their country and fellow soldiers and just say all is forgiven and go on ye merry lying way thus desecrating the actions and memories of those who gave their lives so bravely and selflessly? </sarcasm>
That isn’t what you meant in your post.
But backpedalling is a great idea for you.
“That isn’t what you meant in your post. But backpedalling is a great idea for you.”
Reading is fundamental. My post was clear to anyone with a brain.
I suggest you try thinking sometime, little boy.
I suggest you choose your words better next time,sonny child.
Does your Mommy know you have her computer. You gonna get a whuppin for sure when she does.
Active duty is an entirely different issue and subject to UCMJ.
“Should they just be kissed on the other cheek”
No, as I posted (in the post you apparently did not read to the end), they should be beat up and publically humiliated.
As a conservative, I don’t think government is the knee-jerk answer to things I don’t like.
Your middle name is fitting.
You’re a PX commando if I ever saw one.
No, he played dressup at Mardi Gras the year following Katrina.
I’d call it treason.
Medals are earned, like licenses, degrees, etc.
It is a bogus enhancement of one’s record.
And you are just a run of the mill libertarian. But you 14 year olds tend to go that way until you understand grown up issues.
I think you have what he said backwards.
It seemed clear, but it is of no import, either way.
So you contend that vets should just beat the living crap out of these cowards and then have them file assault charges against the very ones that fought and died to give them that right?! And wanton violence is the answer you would thus prescribe. Sorry if I don’t buy into your convoluted vision for what ails America. I can do without your kind.
I was President at the time, earning 12 Purple Hearts in the process, and I concur.
Yes, USMC vet.
It’s one thing if someone is bragging in a bar about being a Marine when they weren’t, it’s totally another thing if they claim Medals and Awards they didn’t receive while forming charities and business and on resumes ... one is drunken bragging and is stupid but harmless, the other is fraud.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.