Posted on 07/20/2010 4:56:51 PM PDT by jazusamo
Attention, phony war heroes: Dust off those surplus uniforms and shine up those medals awarded by eBay. U.S. District Judge Robert Blackburn has ruled that the Stolen Valor Act is an unconstitutional abridgment of your free-speech rights to deceive the public and dishonor those who actually did the heroic acts that you can only dream of doing.
Judge Blackburn, in a case before the District of Colorado over faux Marine Rick Glen Strandlof, ruled that the government lacked a compelling interest in abridging speech rights when it came to warrior impersonators. This is no G.I. Joke.
The Stolen Valor Act made it a misdemeanor for people to falsely claim "verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States." Congress thought the law was necessary because "fraudulent claims surrounding receipt of the Medal of Honor, the Distinguished Service Cross, the Air Force Cross, the Navy Cross, the Purple Heart, or any other medal or decoration awarded by Congress or the Armed Forces damage the reputation and meaning of these medals."
(Excerpt) Read more at washingtontimes.com ...
Judge Blackburn needs to be removed from the bench for impersonating someone with a brain. HOW DARE HE! I am beyond hate for creatures like him! Petition time!
Just Wow! Everything is spinning out of control!
Hopefully this ruling is appealed and overturned.
It strikes me that the Stolen Valor act is Constitutional as those posing as war heroes are seeking something of value. They hope to gain, at least in part, as a result of their “heroic deeds.” When the claims are false, this is as much a fraud as trying to sell the Golden Gate Bridge when you don’t own it. At the very least, it is “Theft by Deception.”
As one who ‘did’ serve .. It is times like these that make me wish that I never had!
BTW: I also consider people like John Kerry .. SCUM .. on the same scale as those who never served but claimed to have!
I agree...Though in legal terms the respect and honor gained by the liar cannot be measured, if a drink is bought for him or a meal given to him because of his lies he has gained something of value.
I believe this judge is wrong!
The concept of free speech needs to be reformed. The doctrine was never intended to be absolute. There is not now nor has there ever been a right to lie! The judiciary is becoming a branch of clowns devoid of judgement. They will destroy their own credibility
Well said.
From the time we are toddlers, most, are taught that to lie is wrong. If caught lying there are consequences through childhood and as adults.
It seems many judges, as you pointed out, think lying is protected speech even in this case where a law was passed in Congress and signed into law by the Pres.
I’m confident The Founding Fathers would would have supported this Act and would dismiss the argument that it could lead to a slippery slope. The law is very specific and can be understood by most anyone.
The power of Congress to raise an army and navy implies the power to protect military valor from fraudulent claims in spite of the first amendment, just as it also gives Congress the right to a draft in spite of the 13th amendment against involuntary servitude.
I think we should get ID cards made up that say we are Senators, Congressmen, Judges, Doctors, etc.
That can’t be illegal, can it? Not if anyone can declare they are a Medal of Honor recipient and not be prosecuted.
What’s wrong with spreading another layer of BS?
put full page ads in their local papers with their pictures and ads on the radio and tv saying what a liar these mutts are...
Yep, shame them publicly but there are probably some who can’t be shamed.
true, but hopefully they will be shunned...
Impeach now.
One can only hope.
Don’t count on this being overturned.
I called the Clerk’s office today. Megan didn’t want to give Blackburn’s number. She told me that the appropriate way to contact a judge is to write. I told her I prefer speaking with his office. She called his office and said they weren’t taking calls on this matter. I informed her that they are there to serve us, not the other way around, and that the number is public record. Her supervisor wasn’t any better.
I called Blackburn’s office and expressed my opinion. The lady verified that she had been told not to take calls.
Blackburn’s number 303-335-2350. Call, call, call!
I've been wondering if it was even going to be appealed but just found an article that mentions the possibility.
excerpt:
Verl Matthews, commander of the local chapter of the Military Order of the Purple Heart, said veterans across the region had seen the district court ruling and were dismayed by it.
“That would let a bunch of us veterans down,” he said. “I could tell you, ‘Hey, I’m a three-star general,’ now; and that’s wrong. That really is.”
But Matthews said he hopes that the fight will be taken up through the appeals process to the Supreme Court, where the issue can be settled with some finality.
In 2007, a district court in California found that another phony, Xavier Alvarez, who claimed to have won the Medal of Honor as a Marine, did not merit protection under the First Amendment for his claims. The case was appealed to California’s 9th Circuit Court.
Sterner said he believes the issue will be settled by the Supreme Court, and that those who support the Stolen Valor Act have a constitutionally valid case.
“We believe there are numerous laws right now that do inhibit free speech,” he said. “You can’t yell fire in a crowded theater. You can’t walk into an airport and say hijack. You can’t use hate speech.”
Also the Xavier Alvarez incident mentioned in the above excerpt happened in Pomona, CA and the guy was fined and sentenced to perform community service. I posted several articles and here's the stolen valor sentencing.
Alvarez sentenced to probation (MOH poser, CA)
I'm no legal beagle but I'd sure like to see it overturned even it has to go to SCOTUS but like you say, it might be a tough one.
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