Law Punishing Fake Military Heroes May Go to Supreme Court

11 Oct 2010 08:23 #1 by Nmysys
IMHO the First Amendment is carried way too far, in this regard. How can the Freedom of Speech be interpreted to allow lies, especially in regards to this issue? I think this is similar in scope to someone pretending to be a Police Officer. Any opinions?

Law Punishing Fake Military Heroes May Go to Supreme Court

Published October 11, 2010

| Associated Press


DENVER -- The Justice Department is battling to save a federal law that makes it illegal to lie about being a war hero.

A federal appeals court in California and a federal district court in Denver have both ruled the Stolen Valor Act is unconstitutional under the First Amendment, which protects freedom of speech.

Government lawyers in California have asked the appeals court to reconsider its ruling. Prosecutors in Colorado say they also will file an appeal.

FULL STORY: http://www.foxnews.com/politics/2010/10/11/law-punishing-fake-military-heroes-supreme-court/?test=latestnews

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11 Oct 2010 09:53 #2 by ComputerBreath
Nmysys: I agree with you. Don't believe this is "protected speech". It is fraud and hurts the credibility of those real military heroes out there. Furthermore, these fake heroes have a tendency to use these falsehoods to get money from citizens. Again, doesn't look good.

When has lying ever been protected under the First Amendment?

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11 Oct 2010 14:04 #3 by outdoor338
Dead on computerbreath. I never understood why someone who has never fought, bled or gets shot at, recieves protected free speech while claiming to be in combat. Many of our unsung heros, get little or no attention paid to them. Believe me, many don't want it, but when someone who has never worn a military uniform, parades around as if he has been in combat and being a hero, just sickens me. I know Nmysys, Navy, and a bunch of other guys on here, deserve a many of thanks! Thanks guys, look forward to seeing you for breakfast on Sunday! :fwave: :soldiers: :usa:

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11 Oct 2010 21:45 #4 by Blazer Bob
In my perfect world a stolen valor perp would be shunned by friends and family alike. The would spend the remainder of their lives wandering the world,alone, lonely, afraid and hungry.
Still I have a serious problem with making it illegal. The ten commandments might say something about lying, I do not think the constitution does.
It is one of those slippery slope things.

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12 Oct 2010 06:16 #5 by HEARTLESS
Its fraud, plain and simple. Lying under oath is perjury, unless you're a politician.

The silent majority will be silent no more.

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12 Oct 2010 06:27 #6 by LadyJazzer
What oath?

Yes, it's fraud... But perjury is rather specific. Saying something in a campaign may be lying, and despicable, and fraudulent...but it's not perjury.

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12 Oct 2010 06:41 #7 by HEARTLESS
LJ, my response on lying was mostly to neptune, and not directly related to the topic. However, lying under oath is punishable unless you're a politician, then its S.O.P.

The silent majority will be silent no more.

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12 Oct 2010 08:29 #8 by LadyJazzer
My bad...

But I agree...It's despicable...It shouldn't be tolerated... I fear that it's going to run into the same problem as the "Thank God for dead soldiers" issue, though. It's going to run smack into the First Amendment. Lies are told every day... You can turn on the TV and see it from BOTH parties. If they punished every politician that told a lie in a campaign ad, there wouldn't be anybody left in Congress, or the state legislatures of all 50 states, and most of the city/county governments. While quick, cheap-shot answer is: "GOOD! Get rid of all of them!", the anarchy that would follow is NOT good, and not practical.

It looks to me like it is a self-fixing problem... When a person is found to be lying about their military service, they should be outed to the press, ridiculed in public, and shamed for it. That already makes it a self-inflicted mortal wound to any future political office, and in most cases will kill someone's business prospects as well. I'm not sure that fines and/or jail-time is going to add that much more to the shame. But, in all honesty, if it passes muster in the Supreme Court, then I say, "Good!...You deserve whatever you get."

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12 Oct 2010 13:07 #9 by Nmysys
Neptune:

I apologize for Outdoor338. He doesn't know that you and others here are also proud veterans. I am surprised somewhat by your reply but you are entitled. Hope to see you Sunday and say hi to your lovely wife.

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12 Oct 2010 16:22 #10 by navycpo7
Where it becomes an issue, is when one that does it, receives items, cash, cars etc for stating the lie. Then the 1st amendment goes out the door.

As with the westboro church wanna be's, what they did to that father went beyond the 1st amendment. It was harrasment. Had they just stood there on public property and did their chanting that is one thing, but what they did before and after that is another issue.

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