Charge dismissed in fake hero's case, Valor Act ruled unconstitutional

Denver Post ^ | 07/16/2010 | Felisa Cardona

[circlecity]

"Lying about yourself is not the same as lying about someone else."

I would also note in this case the liar is lying about the military as well as themself. They are claiming the military awarded them an honor that it didn't award. So they are not just lying about themselves.

[AEMILIUS PAULUS]

It has become obvious that many in the judiciary favor the criminal element of our society. Why should people be suprised that the same judiciary would favor liars?

[BipolarBob]

Lying about yourself is not the same as lying about someone else.

So, I can lie about who I am when the police stop me. I can lie about not robbing the bank when asked. I can lie about my whereabouts when said bank was being robbed. I can lie about where I live, immigration status and anything to personally identify me, is that correct? I need to look into this First Amendment thing because I've been cheating myself instead of others.

[Joe 6-pack]

"An element of fraud is knowingly and intentionally making false representations."

I'm in favor of the Stolen Valor Act, but it needs to be differentiated from simple fraud, which is where I think a lot of people make their arguments against it. Fraud normally has to be perpetrated in order to obtain something of (usually monetary) value, and some dumbass running around with a CIB, MOH, or SF tab can simply claim he wasn't trying to profit from it. The problem as I see it, is that not all things of value can be expressed in monetary terms...i.e. honor and valor. That this law has been struck down (by this judge, anyways) is a simple indicator that our society no longer places value on these things as it once did.

[IrishCatholic]

You beat me to it.
I agree completely. I don’t know about the personality of the judge, but to indicate this wasn’t in the public interest is beyond stupid.

It is not a free speech issue.

[alexander_busek]

Lying about yourself is not the same as lying about someone else.

Like saying (to the IRS): "I don't have any income. I have no savings. Nope, no foreign assets. Sorry, not a penny!"

Or on a job application form: "I have two PhDs - one in High-Energy Physics, the other in Mathematics. I worked as a Senior Project Manager at CERN for many years."

You're right: We should all be entitled to portray ourselves as we wish - even if it involves lying.

Regards,

[The Toll]

What do you mean he never served? He just told me he has a Congressional Metal of Honor!

[SeaHawkFan]

Proving damages in a case like this is impossible.

[WOBBLY BOB]

So I wonder why people get in trouble for being fake lawyers?

**’Fake Lawyer’ Back In Court On Another Case **

http://www.wftv.com/news/21441937/detail.html

[Squawk 8888]

Given that he stole someone’s identity and used it to raise cash, forget the “Stolen Valour” charge- this is a simple case of fraud.

[SeaHawkFan]

In those instances, the wisest course of action is to remain silent and say you want to talk to your lawyer.

[Reaganwuzthebest]

Instead of trying to prosecute cases on speech grounds why not go after someone based on fraud? It’s one thing to lie about yourself but it’s another when you do that to solicit money, which this guy had done.

[Reaganwuzthebest]

this is a simple case of fraud.

Exactly, why not just prosecute him for that?

[jazusamo]

I guess I’m not too surprised any longer by some rulings our federal judges make.

For this judge to say anyone has the right to go around telling everyone they’re a war hero when if fact they’re lying is beyond the pale.

Hopefully his ruling is appealed and the Circuit Court of Appeals will reverse him.

[Crim]

The “value” was a donation in kind.....he represented himslef as a decorated member of the armed forces...then used that persona to attack a political target from a position of “moral authority” IE: a “decorated veteran”...

this is just another case of the libtatrds twisting anything they can....

You can now be imprisoned for daring to write your representaive a letter...if you are NOT a libtard....

And yet you can LIE LIE LIE and they think it’s free speech....so long as you ARE a libtard...

It’s animal farm on a grand scale....

We’re all equal...some are just a little more equal...

It’s days like these that I actually look forward to a mad max world....

[ozzymandus]

RAT judge? The ACLU has no sense of shame whatever.

[Joe 6-pack]

"The “value” was a donation in kind.....he represented himslef as a decorated member of the armed forces...then used that persona to attack a political target from a position of “moral authority” IE: a “decorated veteran”..."

Oh...I agree completely. Like I said, some of us see honor, fidelity, service, valor etc. as things of value (in fact, they're frequently referred to as "values"!), but our society at large insists that the only things of value are those you can hang a dollar sign on.

[colorado tanker]

Huh? There are a lot of laws based on making false statements. For instance, are false advertising laws now unconstitutional?

[Non-Sequitur]

A federal judge in Denver has ruled the Stolen Valor Act is "facially unconstitutional" because it violates free speech and dismissed the criminal case against Rick Strandlof, a man who lied about being an Iraq war veteran.

I didn't realize that fraud was guaranteed under the Constitution.

[G Larry]

Well Judge....expecting me to tell the truth while under oath also violates my freedom of speech! So efff you!