Court: Stolen Valor Act Unconstitutional

Military.com ^ | March 24, 2011 | McClatchy-Tribune Information Services

[Sarajevo]

PASADENA -- The Stolen Valor Act, under which former water board member Xavier Alvarez was fined and ordered to perform community service in 2007, was upheld as being unconstitutional.

The 9th U.S. Circuit Court of Appeals upheld an earlier ruling determining that a law barring people from lying about their military heroics was a violation of free speech.

[Sarajevo]

This is really stretching the 1st Amendment.

[Steely Tom]

This is really stretching the 1st Amendment.

It's the "elastic cause."

[Cicero]

We’ll see what happens. The Ninth Circus is almost always overruled on these controversial decisions. Their record is extremely poor.

[skeeter]

Looks like the 9th upheld its own ruling. LOL.

Not to worry, I think the odds are pretty good a higher court composed of normal people will overrule these idiots.

[mountainlion]

It seems that the lying goes all the way to the top to the one claiming to be the commander in cheif.

[ErnBatavia]

Their record is extremely poor

I dunno about that....they've got a damn fine record of overturning the will of the electorate in this state (California).

[libertarian27]

So, if you lie about your military service and acquire a purple heart or gold stars by nefarious means - or, how about a Congressional medal of honor? and you aren’t what you portray it’s OK now?

Um, OK...
If I acquire a police shield badge and say I’m a cop - I’m alright doing that too, right?

[paterfamilias]

“It seems that the lying goes all the way to the top to the one claiming to be the commander in cheif.”

Good point. The fish rots from the head down.

[Ingtar]

If the Ninth Circus rules one way, you can be 80%+ sure that the final ruling will be the other way.

[Red Badger]

9th U.S. Circuit Court of Appeals ...........no surprise here..............

[circlecity]

"The Stolen Valor Act,... was upheld as being unconstitutional."

WTF???? Either the act was upheld or it was found unconstitutional. It can't be both.

[Ditto]

Notice who it was: The 9th U.S. Circuit Court of Appeals

That means there are pretty good odds this will be overturned.

[Perdogg]

The 9th circuit got this one right. We already have laws against fraud. This law was too vague and we don’t need any more laws that require the courts to refine them.

[K-Stater]

I did not realize that fraud was a Constitutionally protected right.

[pabianice]

Interesting. This means that any lying speech not under oath is protected. Just in time for Obama’s 2012 run.

[Dr. Sheldon Cooper]

As the presiding member judge of the 9th Circuit Court, I hereby rescind and nullify this decision.

If it's OK to lie about being in the military, it's OK to lie about being in the judiciary.

[The Citizen Soldier]

If I acquire a police shield badge and say I’m a cop - I’m alright doing that too, right?

How about a judge's robe?

[Not A Snowbird]

So we’re cleared hot to lie to the IRS, right?

[org.whodat]

9th ruling, means as much as a monkey scratching its ass.

[Lockbox]

If I acquire a police shield badge and say I’m a cop - I’m alright doing that too, right?

I'm holding out for Judge.............