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Charge dismissed in fake hero's case, Valor Act ruled unconstitutional
Denver Post ^
| 07/16/2010
| Felisa Cardona
Posted on 07/16/2010 11:24:45 AM PDT by george76
click here to read article
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1
posted on
07/16/2010 11:24:47 AM PDT
by
george76
To: george76
You could use the same reasoning to strike down defamation laws. It will be interesting to see what the Circuit Court of Appeals says about this.
To: george76
Maybe a stolen valor “kill switch” will pass muster with the courts.
3
posted on
07/16/2010 11:27:36 AM PDT
by
Steely Tom
(Obama goes on long after the thrill of Obama is gone)
To: george76
Know what the difference is between a judge and God?
God doesn’t think he’s a judge.
Where do these leftard scumbags get off, just throwing away any duly enacted law they don’t like? That’s not how it’s supposed to work.
4
posted on
07/16/2010 11:27:51 AM PDT
by
dsc
(Any attempt to move a government to the left is a crime against humanity.)
To: george76
I have to agree with the ruling. With that being said, he needs to pursued legally by every organization that fell for his fraud and he needs to be publicly ridiculed on the front page of every newspaper in the area where he lives.......
5
posted on
07/16/2010 11:28:58 AM PDT
by
Hot Tabasco
(Peanut butter was just peanut butter until I found Free Republic.........)
To: george76
An element of fraud is knowingly and intentionally making false representations. Is fraud now protected speech too?
6
posted on
07/16/2010 11:30:00 AM PDT
by
FoxInSocks
(B. Hussein Obama: Central Planning Czar)
To: george76
Blackburn was nominated by President George W. Bush on September 10, 2001.
A day later, the world changed.
7
posted on
07/16/2010 11:30:10 AM PDT
by
weeder
To: george76
8
posted on
07/16/2010 11:30:21 AM PDT
by
skr
(May God confound the enemy)
To: circlecity
"the same reasoning to strike down defamation laws" Lying about yourself is not the same as lying about someone else.
The courts have found a "compelling government interest" in the past to support anti-defamation laws, which they will most likely continue to support.
To: dsc
Notice that he has never ever served in the U S Armed Services. Too bad.
10
posted on
07/16/2010 11:31:18 AM PDT
by
supermop
(Somebody has to clean up the mess he will leave)
To: george76
Piss on you Judge Blackburn!
11
posted on
07/16/2010 11:31:49 AM PDT
by
smokingfrog
(freerepublic.com - Now 100% flag free.)
To: george76
Violates his “right to lie?”
.
12
posted on
07/16/2010 11:32:17 AM PDT
by
editor-surveyor
(Obamacare is America's kristallnacht !!)
To: Hot Tabasco
Hot Tabasco said:
"I have to agree with the ruling." I do too. The burden is on the government to prove that the infringement is necessary.
The government simply needs to create a registry of award recipients so that the public can verify such claims.
Any funds needed to create and maintain such a registry can easily be obtained by shutting down the BATFE and its infringing registries of various arms.
To: Hot Tabasco
The ruling misses the whole point of the awards. The compelling public interest is that their legitimacy be maintained. If you have frauds going about misrepresenting their status, or if you have other frauds attacking veterans who hold such awards legitimately, that the frauds can get away with their lies disestablishes the legitimacy of the awards.
If the awards are delegitimized, no one will bother to do that which results in their being awarded.
What that means is is some pretty serious stuff.
The federal judge in this case is probably a senile old drooler who failed to enlist when he had the chance. He should simply be removed from the bench by any lawful means.
This is not a free speech issue ~
14
posted on
07/16/2010 11:33:46 AM PDT
by
muawiyah
To: supermop
"Notice that he has never ever served in the U S Armed Services" Maybe the government can help people like this. If someone claims to have been in the military, but hasn't, then they get drafted and sent to the front lines.
All free of charge! What more could they ask for?
To: FoxInSocks
” Is fraud now protected speech too?”
.
Is Obama President?
.
16
posted on
07/16/2010 11:34:56 AM PDT
by
editor-surveyor
(Obamacare is America's kristallnacht !!)
To: William Tell
"Any funds needed to create and maintain such a registry can easily be obtained by shutting down the BATFE and its infringing registries of various arms." A twofer!
To: skr; jazusamo; freema; MileHi; MtnClimber; LucyT; Candor7; F15Eagle; Chgogal; Morgan in Denver; ...
The new normal.
Fraud is free speech?
18
posted on
07/16/2010 11:37:45 AM PDT
by
george76
(Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
To: who_would_fardels_bear
"Lying about yourself is not the same as lying about someone else."
But it can be just as bad, as this instance shows. Clearly there is a compelling interest in maintaining the integrity of the military and its awards programs. If anyone can claim to be the recipient of an honor they didn't receive it would lower morale and effect the efficiency of the armed services.
To: george76
The judge's ruling clearly shows either willful bias, or ignorance of the law. “Freedom of speech” is known to have many legally recognized “exceptions”, yelling fire in a crowded theater being the canonical example. It doesn't trump speech used during the commission of a crime, inciting treason or insurrection, slander, misrepresentation, etc. Claiming “freedom of speech” without qualifying the nature of the speech, context. or harmed parties is what a first semester law student would do.
20
posted on
07/16/2010 11:40:29 AM PDT
by
SpaceBar
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