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Thread: Appeals court: Stolen Valor Act unconstitutional

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    Re: Appeals court: Stolen Valor Act unconstitutional

    Quote Originally Posted by RightinNYC View Post
    "Many legal experts" may view it that way, but that is as close as it gets. The deciding element is apparently the degree of quantifiable harm the lie has caused.

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    Re: Appeals court: Stolen Valor Act unconstitutional

    Quote Originally Posted by Your Star View Post
    This isn't a conservative, liberal issue. It's a first amendment issue, and the first amendment was upheld.
    Guys a scumbag, but that's not against the law.
    Funny how the First Amendment matters to some of you when it harms out Military. Shocking? Not really, pathetic? Yes.

    This isn't a First Amendment discussion.


    We have no doubt that society would be better off if Mr. Alvarez would stop spreading worthless, ridiculous and offensive untruths,” the ruling said. “But, given our historical skepticism of permitting the government to police the line between truth and falsity, and between valuable speech and drivel, we presumptively protect all speech, including false statements.”

    In his dissenting opinion in the case, Judge Jay S. Bybee asserted that no proof of harm was needed to limit Mr. Alvarez’s untruthful speech. “Such false representations not only dishonor the decorations and medal themselves, but dilute the select group of those who have earned the nation’s gratitude for their valor,” Judge Bybee wrote.

    Representative John T. Salazar, a Democrat from Colorado who introduced the bill in 2005, said he was disappointed with the court’s ruling. In a statement, Mr. Salazar said, “I am confident that upon appeal to the Supreme Court their misguided decision will be overturned. We live in a society that wants to honor our nation’s veterans.” He added, “As long as I am in Congress, I will not give up the effort to protect their honor. These fake heroes use lies to claim undeserved federal veterans benefits and defraud their communities into believing they are someone they are most certainly not for personal gain.”
    Stolen Valor Act Is Declared Unconstitutional by Circuit Court - At War Blog - NYTimes.com

    SCOTUS will overturn this ruling.
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Appeals court: Stolen Valor Act unconstitutional

    Quote Originally Posted by MrVicchio View Post
    Funny how the First Amendment matters to some of you when it harms out Military. Shocking? Not really, pathetic? Yes.

    This isn't a First Amendment discussion.
    Yes, it is.

    It's certainly a possibility, but I don't think you're arguing that for the right reasons. This was a three-judge panel populated by three Republican appointees - not the typical 9th Circuit decision.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Appeals court: Stolen Valor Act unconstitutional

    Quote Originally Posted by stealthy View Post
    This isn't just lying. It's perpetrating a fraud, a scam on others of the most despicable kind.
    Since fraud usually requires some amount of money to have been stolen, please tell me how many dollars and cents this man obtained from his actions relating to the false medal. Thanks.

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    Re: Appeals court: Stolen Valor Act unconstitutional

    Quote Originally Posted by MrVicchio View Post
    Funny how the First Amendment matters to some of you when it harms out Military.
    Funny how you choose to ignore the First Amendment when it demands results you don't like.

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    Re: Appeals court: Stolen Valor Act unconstitutional

    The Stolen Valor Act
    [Greyhawk]

    It occurs to me that given the discussion of The Stolen Valor Act (SVA), it might be worthwhile to read it...

    704. Military medals or decorations

    (a) In General.-- Whoever knowingly wears, purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

    (b) False Claims About Receipt of Military Decorations or Medals.-- Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item shall be fined under this title, imprisoned not more than six months, or both.

    (c) Enhanced Penalty for Offenses Involving Congressional Medal of Honor.--

    (1) In general.-- If a decoration or medal involved in an offense under subsection (a) or (b) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.

    (2) Congressional medal of honor defined.-- In this subsection, the term "Congressional Medal of Honor" means--

    (A) a medal of honor awarded under section 3741, 6241, or 8741 of title 10 or section 491 of title 14;

    (B) a duplicate medal of honor issued under section 3754, 6256, or 8754 of title 10 or section 504 of title 14; or

    (C) a replacement of a medal of honor provided under section 3747, 6253, or 8747 of title 10 or section 501 of title 14.

    (d) Enhanced Penalty for Offenses Involving Certain Other Medals.-- If a decoration or medal involved in an offense described in subsection (a) or (b) is a distinguished-service cross awarded under section 3742 of title 10, a Navy cross awarded under section 6242 of title 10, an Air Force cross awarded under section 8742 of section 10, a silver star awarded under section 3746, 6244, or 8746 of title 10, a Purple Heart awarded under section 1129 of title 10, or any replacement or duplicate medal for such medal as authorized by law, in lieu of the punishment provided in the applicable subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.
    via Mudville Gazette

    Read the milblogs on this

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    Re: Appeals court: Stolen Valor Act unconstitutional

    I sincerely believe that military honors, by definition, have a certain exclusivity that needs to be protected. Very few awards on this Earth are granted for the ultimate sacrifice, and by that exclusive nature their value is attained. By allowing individuals the right to also acquire many of the social bonuses, without taking any of the risk, detrimentally affects the emotional wealth behind the legitimate recipients of the award's receivers.

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    Re: Appeals court: Stolen Valor Act unconstitutional

    Quote Originally Posted by RightinNYC View Post
    Yes, it is.



    It's certainly a possibility, but I don't think you're arguing that for the right reasons. This was a three-judge panel populated by three Republican appointees - not the typical 9th Circuit decision.
    Yeah, cause the "Republican Nominated" matters. I can think of a few SCOTUS GOP Judges that turned... out to be not as thought. Immaterial sir to the discussion. Society has a vested interest in protecting the honor of both it's Military and those whom Serve. That's the basis for the law, and why SCOTUS will overturn this.
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Appeals court: Stolen Valor Act unconstitutional

    Quote Originally Posted by Coronado View Post
    Funny how you choose to ignore the First Amendment when it demands results you don't like.
    I'm not ignoring, I'm able to see more then just the end that justify's the means. Unlike you.
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Appeals court: Stolen Valor Act unconstitutional

    Quote Originally Posted by MrVicchio View Post
    I'm not ignoring, I'm able to see more then just the end that justify's the means. Unlike you.
    That makes no sense whatsoever.

    These folks who so narrowly read the First Amendment always amuse me. Imagine if they read the Second Amendment this narrowly.

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