An element of fraud is knowingly and intentionally making false representations. Is fraud now protected speech too?
” Is fraud now protected speech too?”
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Is Obama President?
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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.
Proving damages in a case like this is impossible.
“An element of fraud is knowingly and intentionally making false representations. Is fraud now protected speech too?”
Nope. A much easier claim against this guy would have been wire fraud -— soliciting money with a lie.