Posted on 01/12/2016 1:02:06 PM PST by don-o
SAN FRANCISCO (AP) - A federal appeals court on Monday tossed out a veteran's conviction for wearing military medals he didn't earn, saying it was a form of free speech protected by the Constitution.
A specially convened 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the First Amendment allows people to wear unearned military honors.
(Excerpt) Read more at usmclife.com ...
Sounds like fraud to me.
And that's just the ruling.
Not a surprise, but it is so telling of where we are going.
So can I wear an Army general’s uniform even though I am not one?
How about a Cop badge?
You can just claim you are an actor in costume.
Maybe the presidential seal on a chain?
that raises an interesting question
Why would you want to pass yourself off as one of Obama's generals? IMO, you'd be saying to the world, "I'm an REMF!"
Agreed, particularly if certain badges such as the Ranger tab, jump wings or CIB are worn with it.
And I say kicking their useless asses is free speech.
I can say this much for the situation, at least it WENT to court. This is better than the vigilante actions of people who say they are sworn to the Constitution but don’t honor it much when push comes to shove.
The First Amendment as we know it has been the support of a lot of discomfort. It refused to condemn flag-burning, and now refused to condemn this, if this line of thinking holds up to the USSC (past experience is that it will, short of the use of the affected decorations to claim some tangible benefit which isn’t the question here).
This is part of the old fashioned liberal (before our modern illiberal liberals) legacy of the USA. If you didn’t like what somebody said (as long as we did not have an exigent situation), a viable approach was to “talk it out.” Being confident that your own speech was deemed as good as anyone else’s, you could point out why lies, etc. were wrong and reason would carry the day. You could shame the impostor before his erstwhile supporters.
It isn’t perfect. The bible says that bad speech can have stunningly bad results. However it never said to fix a (human) lying problem by silencing the liar.
Exactly.
Just like impersonating a cop, which is illegal.
Certain rights (discounts at stores, credibility) go to those in uniform. It’s not a ‘costume’; it’s a uniform worn by those who protect our nation.
Hope the Supreme Court reverses this.
OK so if I walk around wearing black robes and sit in judgment over trials then am I a fraud impersonating a judge? Or is it free speech?
“We have got a lot of emails and posts about this conviction that was over-turned today. Elvin used the basis of the over turning of the original act to have his conviction overturned as he wasn’t gaining a tangible benefit. He was not charged under the current law as it hadn’t been written yet. Many news organizations are posting this story and not giving all the facts and details. The SV ACT of 2005 was over-turned in 2012, but with headlines like “US Court: Wearing unearned military medals is free speech”, you would think it happened today.
The Stolen Valor Act of 2013 still stands, as he wasn’t convicted under it.”
The law has its uses. But, it is no substitute for a good ol’ well-merited country ass whoopin’
I fared-thee-well once today. Apply again.
I’m a veteran, and could really care less who wears those silly ribbons and badges.
To paraphrase Napoleon: “Men’s lives are bought with baubles”.
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