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 ...
The idea that someone steal/impersonate one of our bravest is one of the most despicable act's an American can do aside from violent crime.
~FMC
It would be a real hoot if veterans all over the country started showing up at courtrooms dressed in black robes and carrying gavels. Just a free speech thing to show our displeasure with the judgey wudgey’s goofy ruling.
If he used this for his own financial gain, there’s definitely legal means to go after him with.
Howdy Former Military Chick,
It should be appealed.
You have any confidence this administration will persue it?
Sometimes things are strange to me.
It takes many people to make a law and then that law is signed by the Chief Executive. The law is used and found to work many times in different courts, and then one Judge can use his own opinion(which sucks by the way) and make that law Unconstitutional when it usually takes a majority of the Supreme Court.
WTF???????
U.S. District Judge Robert Blackburn is an idiot.
I think we should all go around claiming to be federal district judges. Oh wait, that would just get us laughed at...
Not a very distinguished or exceptional career.
Anyone want to bet the corrupt, Hate-America, Hate-Military, Dept of [In]Justice under Holder does not appeal?
They thought it was deserving to be tried to begin with and hence they shouldn't give up on it by this judge, who BTW was appointed by Fmer Pres. G.W. Bush.
~FMC
It appears so, here is some background what little there is:
Robert Blackburn
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Robert Blackburn is an Article III federal judge for the U.S. District Court for the District of Colorado. He joined the court in 2002 after being nominated by President George W. Bush[1].
Early life and education
A native of Colorado, Blackburn graduated from Western State College with his Bachelor’s Degree in 1972. He graduated from the University of Colorado Law School with his Juris Doctorate in 1974[1].
Legal career
Blackburn started his legal career in 1975 as a law clerk in a Colorado private practice firm. Later that same year, Blackburn became a full-time private practice attorney with the same firm. In 1980, Blackburn became a part-time Deputy District Attorney for Colorado’s 16th Judicial District (serving in this position until 1986) and a County Attorney for Bent County (serving in this position until 1988). In 1985, Blackburn became a part-time municipal judge for the town of Kim, Colorado. In 1988, Blackburn was appointed a Circuit Court Judge in the Sixteenth Judicial District of Colorado[1].
He served as a Circuit Court Judget until his nomination to the federal bench in 2001[1].
Federal judicial career
Blackburn was nominated by President George W. Bush on September 10, 2001 to a seat vacated by Zita Weinshienk As Weinshienk went on senior status. Blackburn was confirmed by the U.S. Senate on February 26, 2002 on a unopposed 98-0-2 Senate vote and received commission on March 6, 2002[2].
I agree with this. Free speech is free speech.
Instead we should have a law that states the beating such a lying wretch into miserable, bleeding pile of torn flesh and broken bones is a misdemeanor punishable by a fine of $1.
Should be the same for flag-burners.
That's getting into territory which Canada is already deep into regarding free speech.
PING - For those who believe in the rule of law and Valor that Congress had said could not be stolen.
I agree with the judge. If you claim to be a hero trying to pick up a chick in a bar, you are exercising your God given rights. Lying to chicks in a bar is not a crime.
Liberals define all ideology and immorality as “free speech” that they want to promote, and pass laws defining “hate speech” for ideology they want to suppress.
OK sooooooooooooo, it is ok to claim to be a cop or JUDGE?
What a Dumb decision.
>> Liberals define all ideology and immorality as “free speech” that they want to promote, and pass laws defining “hate speech” for ideology they want to suppress.
bttt
Blackburn ruled that the government did not show it has a compelling reason to restrict that type of statement.
The quality of deliberations by the legislative branch is not for these d@mn judges to consider. This tyrannical judge has no legitimate power to substitute his feelings for the legislative process.
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