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.

[NTHockey]

>>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.<<

Free Scooter Libby.

[savagesusie]

I have to admit I didn’t read all the details of the case;(

But, yes, social lying, when not made to commit a fraud upon an employer or to get a position of power, should not be prosecuted.

[P-Marlowe]

But, yes, social lying, when not made to commit a fraud upon an employer or to get a position of power, should not be prosecuted.

How about calling in sick when you aren't?

What business of it of Congress to make it a crime to lie to an employer on a resume or an application or when you are calling in sick? Can you point to a clause in the Constitution that would allow Congress to make such an act illegal?

And if we made it a crime to lie to obtain a "position of power" we would have to prosecute every single politician in the country. Not a bad idea, but then does Congress have the Constitutional authority to pass such a law? And who would be the arbiter of "TRUTH" in these cases?

And how about when the employer promises to give you all kinds of benefits when you come to work for him and then he doesn't? Should that be a federal crime?

[P-Marlowe]

FAKE MEDALS FOR EVERYONE

Not exactly.

The following provisions of the law are still in effect and were NOT overturned by this decision:

****Sec. 704. Military medals or decorations

      (a) In General. - Whoever knowingly wears, manufactures, or sells
    any decoration or medal authorized by Congress for the armed forces
    of the United States, or any of the service medals or badges
    awarded to the members of such forces, or the ribbon, button, or
    rosette of any such badge, decoration or medal, or any colorable
    imitation thereof, except when authorized under regulations made
    pursuant to law, shall be fined under this title or imprisoned not
    more than six months, or both.
      (b) Congressional Medal of Honor. - 

        (1) In general. - If a decoration or medal involved in an
      offense under subsection (a) is a Congressional Medal of Honor,
      in lieu of the punishment provided in that subsection, the
      offender shall be fined under this title, imprisoned not more
      than 1 year, or both.

[savagesusie]

Well, you should be allowed to fire someone for lying about being sick and government should NOT be allowed to prosecute you for deciding on firing that employee.

The government has WAY too many laws....BUT the problem is NOW that liars use laws to sue the employer for wrongful dismissal.

I agree about legal interference in EVERYTHING. We should throw out all laws and start over and STICK TO WHAT IS CONSTITUTIONAL, for goodness sakes.

BUT as long has WE HAVE insidious government intrusion in employment matters, than, YES, employers should be able to accuse people of fraud just if they lied, if they have been harmed monetarily.

There has to be a harm done though.

I am as much a libertarian as anyone on business matters, though, and interaction of people.
We used to all be able to carry guns and shoot someone who attempted to trespass on our property or beat up someone who was molesting our children. We USED to be a free people who had private property rights.

We used to be free to engage our children in meaningful work so they learned responsibility and loyalty to family without fear of government taking them away. We used to shoot trespassers, especially government employees who were intruding in on our private legal business. If people lied to us, we used to be able to go up to them and punch them in the nose. That to me, is the fair way to treat liars, not through the courts.