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To: Clump

“I do believe this law will not hold up to 1st Amendment scrutiny.”

Really? Based on what. In most cases the people lying about their military service are doing so in order to get something in return.

I think they should be strung up.


45 posted on 02/08/2010 9:21:20 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
When fraud is committed they can and always have been able to be charged. But when a statute is overly broad and can be used for simply lying, it goes too far.

The government has to narrowly tailor criminal statutes to comply with the Constitution. It can't write them broadly, prosecute with discretion, then defend a dangerous law on the basis that their judgment in enforcing the law should be good enough for the courts.

When the government can argue that lying is generally dangerous to the common good (and therefore punishable by a fine and/or prison time), our days of speaking truth are numbered.

Churches, pro life groups, climate change deniers, and many more will be silenced for good if the 1st Amendment isn't protected.

That said, nothing in the Constitution prevents prosecution for fraud.

98 posted on 02/09/2010 2:20:14 PM PST by Clump (the tree of liberty is withering like a stricken fig tree)
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