then so is impersonating an officer of the law...
Posted on 07/17/2010 2:45:37 PM PDT by Former Military Chick
A law that makes it illegal to lie about being a war hero is unconstitutional because it violates free speech, a federal judge ruled Friday.
U.S. District Judge Robert Blackburn dismissed a case against Rick Glen Strandlof, who claimed he was an ex-Marine who was wounded in Iraq and received the Purple Heart and the Silver Star. The military had no record that Strandlof had ever served, and he was charged with violating the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal.
Blackburn ruled that the government did not show it has a compelling reason to restrict that type of statement.
(Excerpt) Read more at washingtonpost.com ...
Then people can say they are policemen.
Dubya has appointed his share of stupid district justices.
then so is impersonating an officer of the law...
FWIW, I agree with you. I’m a Vietnam vet. I saw no combat. I have no medals other than what everyone got.
FYI the Rutherford Institute, a conservative Christian legal defense organization that fights for Christian rights, such as the right to homeschool your children or to pray in school, or have Christian clubs on school campuses and other free speech and association issues related to religious expression, joined in the case arguing that this law as it was written is unconstitutional.
Now ask yourself, why would a Christian based first amendment group join in attempting to get this law overturned?
Obviously they see something insidious in this law that could be negatively applied to Christians and conservatives.
Look up the nanny-state left wing liberal who drafted the law and what that guy's current idea on squelching Liberty is and maybe you just might see that this Judge may have taken a step towards preserving YOUR precious LIBERTY by enforcing the First Amendment strictly.
My first reaction upon reading the headline was that this was another stupid decision by some out of touch left wing Carter appointee. Then before I made a knee jerk response, I took some time to think about it.
The law is a stepping stone to a more insidious agenda.
Be careful what you ask for.
You may just get it.
see questions in post 100
You're right, it already is and this portion of the law was not overturned. The only part that was overturned was the recent amendment to the law which made it a crime simply to claim that you had medals that you didn't earn.
However, misleading people by claiming to be a police officer should also be illegal depending on one's intent.
In most cases it is illegal because you are acting under color of authority. But if you are in a social situation (such as a bar or a school reunion) and you lie about being a police officer, then this is not a crime.
Should I be permitted, as after the Vietnam War, to claim to be a Viet Vet and lead the Vietnam Veterans Against the War, if I never was in Vietnam at all?
As long as you don't ask for money. But if you ask for money under false pretenses and you get it, you could and should go to jail for a long time. (See Jim Bakker).
If I'm attempting AND succeeding at having a political impact, because I'm acting "under the color of authority", is that misrepresentation protected speech?
Lying for political gain is a long standing tradition in America. Lying to gain money is a crime.
OK?
Thank you for sharing your insights, dear brother in Christ!
You are likely quite right.
Thx.
THURSDAY, OCTOBER 04, 2007
Supreme Court Rules Politicians Have Right to Lie
It shouldn’t surprise, given the state of the law, our courts and our politicians, and, in fact, it actually makes sense, but still, it’s a bit… disconcerting.
The Supreme Court of the State of Washington ruled today in a 5-4 decision that candidates for political office have a constitutionally protected right to be free from prosecution for lying in their pursuit of office.
http://www.freerepublic.com/focus/f-news/1906945/posts
It’s not a FS issue. It’s a fraud issue!
It’s not a FS issue. It’s a fraud issue!
If it is a "fraud" issue, then this law was unnecessary and overreaching and the guy should have been prosecuted for fraud.
But the statute that was declared unconstitutional made it a crime simply to claim to have earned medals regardless of the reason for making the claim and without regard to the traditional elements of fraud which require that the person to whom the statement is directed must actually rely upon the statement to their detriment and that there be damages.
That is why it is unconstitutional.
Fraud is not protected speech and never has been. There have always been laws against fraud and this decision does not affect any of them. Bragging is protected speech and always has been. This law outlawed bragging. Hence, it was unconstitutional.
Get it?
..but go try to be a fake attorney or judge and see what happens to you.
Policeman: What unit?
Billy Ray Valentine: I was with the Green Berets, Special Unit Battalions...
Commando Airborne Tactics...Specialist Tactics Unit Battalion.
Yeah, it was real hush-hush.
You hear about Agent Orange?
I was Agent Orange...Special Agent Orange, that was me.
“I CAN SEE!!”
What you apparently don't get is, LYING is fraud.
What you apparently don't get is, LYING is fraud.
Are you pretending to be a lawyer?
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