Supreme Court Strikes Down 'Stolen Valor' Law

Wall Street Journa;l ^ | June 28, 2012 | Evan Perez

[BIGLOOK]

WASHINGTON—The Supreme Court cited First Amendment rights to free speech in striking down a law that made it a federal crime to falsely claim to have been awarded military-honor medals.

The 6-3 majority opinion upheld a Ninth U.S. Circuit Court of Appeals decision that had declared unconstitutional the Stolen Valor Act, a 2006 statute Congress passed "to protect the reputation and meaning" of military honors.

[Lazamataz]

Damn, dawg, they couldn’t get one thing right

[expat2]

In that case, doesn’t it mean that the crime of lying to the FBI is also unconstitutional?

[CodeToad]

He looks like every black politician in Africa, always dressing up as a Colonel or General.

[Alberta's Child]

This is one of those cases where I find myself siding with the "liberal" majority.

Anyone who pretends to be a decorated military veteran is an @sshole, but there's no way in hell that should be a Federal crime in and of itself. This was one of those cases where emotional sentimentality drove Congress to pass a stupid law that was both unnecessary and (as it turns out) unconstitutional.

[Alberta's Child]

Your post demonstrates why the Stolen Valor Act was a bad law. Lying is not the same as fraud, and that's why the government has no business prosecuting people for lying about their past, their military service, etc. If they lie about these things in a formal document like a job application or a financial document, then they can be prosecuted under any number of other statutes for fraud.

I'm with the U.S. Supreme Court on this one. There's no reason why someone who lies about his military background should be prosecuted for a Federal crime, while someone who lies about any ordinary work he did 20 years ago is not.

[Alberta's Child]

Exactly.

[Alberta's Child]

If the Stolen Valor Act limited itself to cases where fraud was occurring, then it would have been completely unnecessary. The last thing we need is another Federal law that makes it a Federal crime to do something that is already illegal in any U.S. state.

[BIGLOOK]

Many changes will be necessary and many new professions will be created. Dictionaries will be updated and previous entries will be deleted. In court, one will no longer be required to tell the truth, the whole truth and nothing but the truth. Miranda will have to be rewritten.

Usted tiene el derecho a permanecer en silencio o tergiversar usted mismo.

Usted tiene el derecho a un abogado, si usted no puede pagar un abogado,

Usted puede mentir acerca de eso también.

No es mucho lo que puede ser usado en su contra en un tribunal de justicia.

¿Entiende estos derechos?

أو في اللغة العربية الذي تفضله.

[Hacksaw]

The 6-3 majority opinion upheld a Ninth U.S. Circuit Court of Appeals decision that had declared unconstitutional the Stolen Valor Act, a 2006 statute Congress passed "to protect the reputation and meaning" of military honors.

So is perjury now protected under the First Amendment, or would our philosopher-kings on the bench say "well that's different."?

[BIGLOOK]

I doubt that perjury is now protected by the courts after all it's an important tool in determining guilt. But will it be a punishable offense or will all appeals of convictions be based on 1st Amendment Rights.

This is 'slippery slope' we don't want to go down.

[BIGLOOK]

I know that the apparatchiks really don't care or even know about this. Doubt that the fraudulent veterans (and non vets) care much either since they've been getting away with it even after it was passed, Tried to avoid all libs today who want to gloat over the Supremes ruling on obamacare since they're sure to confront me at some time prior to the election anyway.

I'll be talking to my brother on Saturday ( a retired hospital administrator0 and get his take and I'd like to talk to you to. Name a time.<=br>
Stay sane, Doc.

[Jet Jaguar]

Hell’s Bells is right.

[BIGLOOK]

Roger that, JJ.

Getting a little tired of VN vets who are fifteen years younger than me. Weary of Gulf War vets who never left town? Still trying to make sense of the notion of PTSD meaning Pre Traumatic Stress Disability or whatever the hell it is?

Maybe the stress occurred while they were in middle school from an authoritarian assistant principal lecturing them on lying and deceit.

[ConorMacNessa]

Please indulge me while I ruminate on the events of the day. Obamacare upheld - the Bolsheviks in my office were orgasmic in their approval. I think the distinction that it was upheld as a "tax" and not a valid exercise of the Commerce Power is lost on them. If this law had been upheld under the Commerce Clause, our Freedom would be utterly and irrevocably gone - the Government would be able to make a citizen buy any product or service it wanted and the citizen would be without recourse.

Stolen Valor is a different question. I fail to understand why the First Amendment protects flag-burners, pornographers and "posers" but does not protect a Marine Sergeant who publishes a blog critical of the Kenyan-in-Chief.

Wearing a uniform and military medals one is not entitled to wear is protected speech? Does that mean I have the right to dress up as a New York City policeman with all regalia and represent myself as being one of them? I doubt it. So why can some poser dress himself up like a U.S. Marine with service ribbons, medals and badges and pass himself of as a combat vet and have it considered to be protected free speech under the First Amendment to the U.S. Constitution?

I'd really like to know, because I'm not a poser, I fought and spilled my blood on the field of battle for this Nation and I'm mad as Hell that some no-account SOB who'd probably soil himself if he ever actually came under fire should be able to wear the same ribbons and medals that I legitimately earned. Answer me that, SCOTUS!



Genuflectimus non ad principem sed ad Principem Pacis!

Listen, O isles, unto me; and hearken, ye people, from far; The LORD hath called me from the womb; from the bowels of my mother hath he made mention of my name. (Isaiah 49:1 KJV)

[expat2]

Muchas gracias por estos derechos, gringo.

[Forgotten Amendments]

Real constitutional conservatives would understand this.

Yeah. But we get flamed here for saying Kennedy is actually the real CONSERVATIVE on SCOTUS.

What passes for "conservative" among Repubs are actually authoritarians. They live in the days of the Warren Court. The dissent in this case is scary.