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 ...
Agreed. It's disheartening to see so many on this forum who would defend such lack of integrity, character and moral turpitude.
It's no small wonder why we have such sleazy characters being elected to represent us in Congress.
This is a good decision imo. We should not be criminalizing speech except in rare occasions, even defamation suits are handled in civil courts. Go after him for fraud, he did more than lie about himself, he used those lies for financial gain.
Once they start criminalizing speech it's conservative voices they'll go after like they do in Canada.
“So does this mean J F’n K can now FINALLY apply for his 1968 “Christmas in Cambodia” in country mission medal?....You know...the super duper secret one he claimed in 1986 in the Congressional Record that President Nixon sent him on in 1968??”
Very likely Kerry confused Christmas 1968 with Tet 1969, and it cost him the White House.
If a Canadian Christian pastor preaches on Sunday that Homosexuality is a sin, they can be arrested.
If we start down this road here by outlawing speech that we as conservatives find offensive, it will not be long before everything we say will be a crime.
Criminalizing behavior and speech that we find offensive is tempting, but censorship is a two edged sword.
This is exactly the kind of law liberals would use as a trojan horse to expand upon later. Their real goal is to go after talk radio and Christians.
“I was an Admiral-General in the military...”
I am also a great war hero! I single handedly killed 400,000 enemies with just one hand grenade and saved the lives of 398,00 of my fellow soldiers!
Under what provision in the Constitution does Congress have the power to make such a law?
If they can make "lying" about your military service a crime, they can certainly make "lying" about a politician a crime. And in politics, one man's "lie" is another man's "truth".
I suspect that if they could, Congress would make it a crime to say that Obama wasn't born in Hawaii or to claim that flight 800 was shot down by a missile.
They tried that with the Alien and Sedition Acts. It was blatantly unconstitutional.
I don't think so. Are you one who believes in Freedom Of Speech without responsibility.
Congress shall make no law....
What part of that clause do they not understand?
Does it simply mean that Congress shall make no law that we disagree with, but they can make all the laws they want to suppress the speech of those we don't like?
It's unbelievable. No wonder this country is so messed up. If it were the case lying was akin to FOS why don't we all just lie about everything if it will get us ahead in life? And if people don't like it, because people who get a job or win an election the people they lie too have to put up with it because you can not infringe on FOS!!
Let's just all lie, after all it's exercising our right to FOS! How ludicrous it that?
It's also CLEARLY Constitutional.
As much as it sucks, this "speech" is protected by the 1st Amendment.
Now, if he was actually IMPERSONATING an active duty member, he'd be guilty of a crime, just like impersonating a police officer.
This guy wasn't.
He's still a scumbag.
Where in the constitution does it give Congress the right to make it a federal crime to tell a lie?
What section? What clause?
The guy knowingly made a misrepresentation of fact in order to obtain a social gain. That pretty much meets the definition of fraud and fraud has never before been considered as protected speech.
Nope, but you can claim to be an EX cop or judge with impunity.
Amen
He's still a scumbag.
AMEN
I'm sure that if he showed up at a VFW meeting, he would not leave with all his teeth. And if I were on the jury, I certainly would not vote to convict anyone who hit him in the mouth.
Jury nullification is also a constitutional right.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.