Court says lying about Medal of Honor no crime

SFGate ^ | 8/17/10 | unk

[Past Your Eyes]

Although a Southern California water board member convicted of violating the Stolen Valor Act made "deliberate and despicable" claims that he had received the Medal of Honor, the Constitution prohibits the government from prosecuting someone for merely lying, the Ninth U.S. Circuit Court of Appeals in San Francisco said in a 2-1 ruling.

"The right to speak and write whatever one chooses - including, to some degree, worthless, offensive and demonstrable untruths - without cowering in fear of a powerful government is, in our view, an essential component of the protection afforded by the First Amendment," Judge Milan Smith said in the majority opinion.

[Past Your Eyes]

Lying is protected speech. Unbelievable.

[SumProVita]

I bet almost any half-wit law student can find a precedent that disputes this.....not to mention that lying is simply morally WRONG.

[Chode]

so FRAUD is no longer a crime???

[Da Coyote]

Try lying about being a lawyer and see what happens.

Of course, we’ve got a couple of bimbos and bimboys on the supreme court who have lied about being (competent) lawyers.

[sodpoodle]

So, lying about being a US Citizen for purposes of obtaining benefits is not a crime?

Lying that you have a medical degree is not a crime?

Lying that you are single to commit bigamy is not a crime?

Where does this end?

[McGavin999]

So, does that mean you get to lie about being a policeman or lie about being a judge?

[King Moonracer]

Hey, in 2008, I won the “Congressional STFU Whitie, and Share Your Wealth” award.... I’ll tell my neighbors now.

[Dem Guard]

"the Constitution prohibits the government from prosecuting someone for merely lying."

Tell that to Clinton. This is done all the time. How do they think they got the old Italian mob figures on tax evasion?

[ichabod1]

If he accepted so much as a cup of coffee based on the pretense that he was a military hero, he should be prosecuted to the fullest extent of the law for fraud.

[LauraJean]

The only count Blago (former Illinois Dem. governor) was convicted of was lying to the FBI. Does the 9th court overturn this conviction?

[sergeantdave]

Well, dressing up in black robes and ponticating legal stuff should be no problem, and flashing FBI badges to shoot fat-ass union pigs is permitted.

Cool.

No law, no problem - whoever has a gun and can shoot the best rules. Rule of anarchy.

[LibLieSlayer]

1) Court says abortion through an unwritten right of privacy is a right.

2) Court says two buggering poofters or two purveyors of carpet cuisine have the right to marry.

3) Court says our sworn enemies have a First Amendment right to build a victory mosque at Ground Zero.

4) Court says it is illegal to display a Menorah or a Nativity Scene on public property but muslims must be afforded public access to foot washing basins and “special facilities” in which to pop their asses up in the air while praying to satan.

5) Court says obama has the power to seize private industry and take over management.

6) Court says that no one alive today has standing to force obama to show his long form Birth Certificate and that obama is above the law.

7) Court says we must be compelled to buy health insurance under penalty of jail and fine and we must also pay to buy it for those that cannot afford it and also supply it free along with welfare and public education for illegal invading hoards of reconquestas.

8) On and on and on and on and on and on and on.

LLS

[microgood]

Lying is protected speech. Unbelievable.

Its been that way since this country was founded. It is a good ruling. Now lying and financially gaining from it is fraud, but lying to a girl in a bar to impress her is constitutionally protected as it should be.

Our generation wants to outlaw everything. It is just a part of our shameful legacy.

[Charlespg]

will this be appealed

[P-Marlowe]

Lying is protected speech. Unbelievable.

Honestly, if you had been sentenced to 6 months in jail for every lie you ever told, when would you expect to be released from prison?

[Dutch Boy]

It’s not about fraud. It’s about degrading the military.

[P-Marlowe]

I bet almost any half-wit law student can find a precedent that disputes this.....not to mention that lying is simply morally WRONG.

Was it morally wrong to tell the Nazis that there were no Jews in your basement?

[Newbomb Turk]

Well as a 32 year member if the military I sure as hell don’t lie and say I’m a “Medal of Honor” recipient.

What this guy needs is ten minutes in a room with a couple of real medal recipients. I would however be willing to stand if for them should none be available.

[maine-iac7]

right to speak and write whatever one chooses - including, to some degree, worthless, offensive ...

so that nullifies all "hate speech laws", right

[Bringbackthedraft]

Hey maybe this guy was on a special mission during Christmas in Cambodia during the Vietnam war? He probably was part of the crew on that famous mission with another hero who received 3 purple hearts?