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Federal law barring lies about medals is tested
WKRN Nashville, TN. ^ | 02/06/2010 | WKRN Nashville, TN.

Posted on 02/06/2010 3:31:30 PM PST by The Magical Mischief Tour

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1 posted on 02/06/2010 3:31:30 PM PST by The Magical Mischief Tour
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To: The Magical Mischief Tour

I assume, then, that if this is struck down that impersonating a law enforcement officer will also be ok?


2 posted on 02/06/2010 3:34:44 PM PST by Anitius Severinus Boethius
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To: The Magical Mischief Tour
Does the First Amendment right to free speech protect people who lie about being war heroes?

If I walked around in a black robe, carrying a gavel and giving out legal advice, would that be protected by the First Amendment?

3 posted on 02/06/2010 3:35:07 PM PST by FlingWingFlyer (If the CIA and NASA are going to "monitor climate change", why the hell do we need the EPA?)
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To: FlingWingFlyer
You were saying ...

If I walked around in a black robe, carrying a gavel and giving out legal advice, would that be protected by the First Amendment?

I think so... and I believe I saw him walking around on the streets the other day yelling at some people... LOL...

I have no idea how many people were listening to him though.

4 posted on 02/06/2010 3:39:18 PM PST by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Anitius Severinus Boethius
You were saying ...

I assume, then, that if this is struck down that impersonating a law enforcement officer will also be ok?

If you say you're acting as a police officer, I believe they will smack you down really good... LOL...

But, if you dress up as one, but don't have official badges and stuff (and you can look pretty close to it...) there might be some question there as to what someone could do about that if you walked around like that... :-)

Just don't go stopping anyone for traffic stops or something like that... LOL...

5 posted on 02/06/2010 3:41:29 PM PST by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: The Magical Mischief Tour

I don’t know... but I’ve got a sneaking suspicion that a law is soon gonna be passed on telling “fish stories” too... hoo-boy!


6 posted on 02/06/2010 3:42:08 PM PST by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: The Magical Mischief Tour
IMHO, one who claims to have been awarded a medal is only making the claim and this is, of course, lying. Unfortunately there is no law against lying in this case. When the liar takes it too another level, for example, wearing the ribbon or the medal, this crosses the line. Again IMHO. Most braggers are understood to be that, just braggers or better yet BS artists by their acquaintances.
7 posted on 02/06/2010 3:42:21 PM PST by BatGuano (You don't think I'd go into combat with loose change in my pocket, do ya?)
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To: Anitius Severinus Boethius

Wow..”under the color of law” your question is perfect. Case closed?


8 posted on 02/06/2010 3:44:43 PM PST by BatGuano (You don't think I'd go into combat with loose change in my pocket, do ya?)
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To: Anitius Severinus Boethius

ASB: “I assume, then, that if this is struck down that impersonating a law enforcement officer will also be ok?”

That would probably depend on whether or not the “officer” tries to act in an official capacity, such as pulling people over for speeding or trying to get free donuts.


9 posted on 02/06/2010 3:45:34 PM PST by CitizenUSA (Governor Palin backs RINO extraordinaire Juan McPain!)
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To: CitizenUSA; Anitius Severinus Boethius
You were saying ...

... or trying to get free donuts.

Good one... LOL...

10 posted on 02/06/2010 3:47:53 PM PST by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: The Magical Mischief Tour

Our Constitution put the Founder’s beliefs of Natural Law into practice.

While there is a Natural Law right to freedom of speech, there is no right to shout “fire” in a crowded theater. Likewise, IMHO there is no right to deceive, which is what thieves of valor attempt to do.


11 posted on 02/06/2010 3:48:06 PM PST by Jacquerie (We live in a Judicial Tyranny - Mark Levin)
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To: The Magical Mischief Tour
I don't see how merely making a false claim that you had received a medal could be a criminal offense. As I understand it, the law does not require that anyone rely on the misrepresentation. It doesn't even seem to require an intent to deceive (though I may be mistaken here).

I understand that making such a false claim is very offensive, and that a person making that kind of claim is probably a real dirtbag. It just doesn't seem bad enough to justify imposing criminal penalties.

12 posted on 02/06/2010 3:49:21 PM PST by timm22 (Think critically)
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To: Star Traveler

There have been people arrested for dressing like a cop for a Halloween party. The costume was “too close” to a real uniform in the arresting officer’s mind.

The Stolen Valor Act isn’t about some guy saying he was a SEAL to pick up some floozy at a bar. It’s about guys who wear the medals in an official way, as if they actually earned them.

You go to a Vet reunion wearing a CIB, you better darn well have better been in a unit who participated in combat.

You put a bronze star on a job application? You better have the paperwork to back it up.

Tell the chubby redhead who has downed 3 apple-tinis at the end of the bar that you earned a medal rescuing your buddy during the Iraq invasion to get her back to your apartment? Knock yourself out.


13 posted on 02/06/2010 3:50:06 PM PST by Anitius Severinus Boethius
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To: BatGuano

BatGuano: “When the liar takes it too another level, for example, wearing the ribbon or the medal, this crosses the line.”

I don’t agree. Just because it’s immoral to lie about something doesn’t mean we should have a law against it. It depends on whether someone is harmed or defrauded in the process.

Sometimes we have to tolerate things we don’t like in order to protect the greater good. In this case, the greater good is protecting liberty. When restricting someone, the benefit of the doubt should go to the individual, not the state. In other words, prove there’s a vital state interest here where the lie does actual harm (not just cause veterans, of which I’m one, some discomfort).


14 posted on 02/06/2010 3:53:39 PM PST by CitizenUSA (Governor Palin backs RINO extraordinaire Juan McPain!)
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To: CitizenUSA
It depends on whether someone is harmed or defrauded in the process.

I think it defrauds those who have actually earned the right to wear those ribbons.

15 posted on 02/06/2010 3:55:57 PM PST by Anitius Severinus Boethius
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To: CitizenUSA
Just because it’s immoral to lie about something doesn’t mean we should have a law against it.

What you or I think is bad law does not necessarily make it unconstitutional.

16 posted on 02/06/2010 3:56:46 PM PST by Jacquerie (We live in a Judicial Tyranny - Mark Levin)
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To: CitizenUSA

Well stated.


17 posted on 02/06/2010 3:57:24 PM PST by Steve_Stifler
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To: The Magical Mischief Tour

and then there was Jean Francois Kerry ...


18 posted on 02/06/2010 3:57:40 PM PST by NonValueAdded (Mass. elects Scott Brown. NVA:" for the first time in my adult life I am proud of my birth state")
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To: timm22

“...I understand that making such a false claim is very offensive, and that a person making that kind of claim is probably a real dirtbag. It just doesn’t seem bad enough to justify imposing criminal penalties...”

Navy SEALS have a way of dealing with posers. It usually involves an “attitude adjustment”.

Check out this dickhead...

http://abclocal.go.com/ktrk/story?section=news/local&id=7261240


19 posted on 02/06/2010 3:57:59 PM PST by chadwimc (Proud to be an infidel ! Allah fubar !!!)
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To: Anitius Severinus Boethius

ASB: “There have been people arrested for dressing like a cop for a Halloween party. The costume was “too close” to a real uniform in the arresting officer’s mind.”

If so, the cases should have been tossed out of court. Do you know how these arrests turned out?

ASB: “You put a bronze star on a job application? You better have the paperwork to back it up.”

Putting a bronze star (that you haven’t earned) on a job application would be fraud. That’s not the same thing as strutting around a bar with an unearned bronze star.


20 posted on 02/06/2010 3:59:31 PM PST by CitizenUSA (Governor Palin backs RINO extraordinaire Juan McPain!)
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