PDA

View Full Version : Stolen Valor Act facing legal challenges



nastyleg
02-08-2010, 04:35 AM
Stolen Valor Act facing legal challenges

By Dan Elliott, The Associated Press
European edition, Monday, February 8, 2010


DENVER — The federal courts are wrestling with a question of both liberty and patriotism: Does the First Amendment right to free speech protect people who lie about being war heroes?

At issue is a 3-year-old federal law called the Stolen Valor Act that makes it a crime punishable by up to a year in jail to falsely claim to have received a medal from the U.S. military. It is a crime even if the liar makes no effort to profit from his stolen glory.

Attorneys in Colorado and California are challenging the law on behalf of two men charged, saying the First Amendment protects almost all speech that doesn’t hurt someone else. Neither man has been accused by prosecutors of seeking financial gain for himself.

Jonathan Turley, a professor at George Washington University Law School who is not involved in the two cases, said the Stolen Valor Act raises serious constitutional questions because it in effect bans bragging or exaggerating about yourself.

“Half the pickup lines in bars across the country could be criminalized under that concept,” he said.

Craig Missakian, a federal prosecutor in the California case, argued that deliberate lies are not protected. He also said the Constitution gives Congress the authority to raise and support an army, and that includes, by extension, “protecting the worth and value of these medals.”

The Stolen Valor Act revised and toughened a law that forbids anyone to wear a military medal that was not earned. The revised measure sailed through Congress in late 2006, receiving unanimous approval in the Senate.

Dozens of people have been arrested under the law at a time when veterans coming home from wars in Afghanistan and Iraq are being embraced as heroes.

Many of the cases involve men who simply got caught living a lie without profiting from it.

Virtually all the impostors were ordered to perform community service.

In one case, a man posing as a Marine war hero was accused of using his hero status to receive discount airline tickets and a free place to stay near Phoenix.

Defense attorneys say the law is problematic in the way it does not require the lie to be part of a scheme for gain. Turley said someone lying about having a medal to profit financially should instead be charged with fraud.

One of the men challenging the law is Xavier Alvarez of Pomona, Calif.

He had just been elected to a water district board in 2007 when he said at a public meeting that he was a retired Marine who received the Medal of Honor, the nation’s highest military decoration.

His claim aroused suspicion, and he was indicted 2007.

Alvarez, who apparently never served in the military, pleaded guilty on condition that he be allowed to appeal on the First Amendment question.

He was sentenced to more than 400 hours of community service at a veterans hospital and fined $5,000.

The case is now before a federal appeals court.

The other person challenging the law is Rick Glen Strandlof, who claimed he was a Marine wounded in Iraq and received the Purple Heart and Silver Star.

He founded an organization in Colorado Springs that helped homeless veterans.

Military officials said they had no record that he ever served. He has pleaded not guilty, and a judge is considering whether to throw out the charge.

The Inland Valley Daily Bulletin in California quoted Alvarez as saying in 2007, “I must have mis-said things. It wasn’t supposed to go that way.”

Strandlof’s lawyer has said his client may suffer from bipolar disorder or other problems.

Attorneys challenging the law say that lying about getting a medal doesn’t fit any of the categories of speech that the U.S. Supreme Court has said can be banned: lewd, obscene, profane, libelous or creating imminent danger to others, such as yelling fire in a crowded theater.

Army veteran Pete Lemon of Colorado Springs, who received the Medal of Honor for turning back an enemy assault and rescuing wounded comrades in Vietnam while injured himself, supports the law, saying that pretending to have a medal can bring undeserved rewards.

“It gives you the power to entice somebody into marriage,” he said. “It could give you the power to be able to join an organization, get special treatment with regards to getting tickets to a football game, getting license plates, getting preferential treatment in a job situation.”

Doug Sterner, a military historian, said the law embodies the wishes of the nation’s first commander in chief, George Washington. Sterner noted that Washington created the Purple Heart, the nation’s first military decoration, and wrote: “Should any who are not entitled to these honors have the insolence to assume the badges of them, they shall be severely punished.”

“I think that speaks to the intent of the framers,” Sterner said, “that George Washington saw this kind of lie outside the scope of this freedom-of-speech issue.”

http://www.stripes.com/article.asp?section=104&article=67876

scoutsout80
02-08-2010, 12:17 PM
General Douchy McChinpubes got busted this weekend!!!! Fucking hooray!!!

scoutsout80
02-08-2010, 01:57 PM
http://www.apacheclips.com/media/13967/Gen_Douchy_McChinpubes_BUSTED/

nastyleg
02-08-2010, 02:00 PM
here we go Freedom Of Speech argument again. There is bragging then there is blatant out right stealing. Most of those fuck heads use their stolen valor to gain money and fame. Most of those who are busted have stolen money or were gonna steal money.

scoutsout80
02-08-2010, 02:09 PM
These are the lowest fo the low in my mind.

nastyleg
02-08-2010, 02:47 PM
These are the lowest fo the low in my mind.

Child molesters are worse. but imposters are a close third. rapists are second.

scoutsout80
02-08-2010, 03:00 PM
Child molesters are worse. but imposters are a close third. rapists are second.

Ya got me, agreed. I hate pedophiles.

scoutsout80
02-08-2010, 05:55 PM
An update about McManus.....

MCMANUS was previously convicted in U.S. Federal Court in California in 2002, arising out of federal criminal charges originating in Louisiana, for impersonating a U.S. “Air Marshal” and also impersonating a U.S. Army Major, both in violation of Title 18, United States Code, Section 912, He received a sentence of two years probation, which was later revoked for violations. At the time of his offense relating to those criminal charges, MCMANUS had been wearing an unauthorized U.S. Army Battle Dress Uniform (BDU) of the unearned rank of Major (and with fraudulent U.S. Army identification papers naming him as an Army Captain) with attached unearned patches, insignia, and awards, on board a commercial aircraft in New Orleans and also falsely represented himself to the flight crew as a current member of the U.S. military and an “Air Marshal”, and where he attempted to gain access to the plane’s cockpit. Due to the suspicious nature of his uniform and his suspicious claims to the flight crew, he was not permitted by the flight crew to remain on the flight. He was later arrested in California and convicted of these charges there.

Official U.S. military records, which include MCMANUS’ form DD-214, indicate MCMANUS entered on Active Duty with the United States Army on November 11, 1984 and separated on March 31, 1987. During this period, MCMANUS attained the rank of Private First Class and a pay grade of E-1. The form DD-214 further indicates MCMANUS was awarded or authorized to wear only the following awards: an Army Service Ribbon; Overseas Service Ribbon; Expert Marksmanship Badge - Rifle; and Marksman Marksmanship Badge - Pistol. MCMANUS’ type of separation is Defined on the DD-214 as “Discharge” and the character of service is defined as “Under Honorable Conditions”, which is not the same as an “Honorable Discharge”.

Attorney CF admitted that MCMANUS was the person in the subject photographs and that MCMANUS told him he had discarded or destroyed all the evidence (i.e., the uniform, medals, insignia, etc.) allegedly because MCMANUS had become “afraid” when his photograph wearing the unauthorized military uniform and unauthorized military awards was posted on the internet and he became the subject of angry bloggers. At present, I have no way of verifying the truth of attorney CF’s claim regarding MCMANUS purported destruction of all the evidence.

scoutsout80
02-10-2010, 04:19 PM
http://www.apacheclips.com/media/14041/Stolen_Valor_Debate/

Mmmmmm, what Megyn Kelly and I could be......