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Thread: Appeals court: Stolen Valor Act unconstitutional

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    Appeals court: Stolen Valor Act unconstitutional

    Story is here:
    washingtonpost.com

    The decision involves the case of Xavier Alvarez of Pomona, Calif., a water district board member who said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration.
    He pleaded guilty on condition that he be allowed to appeal on First Amendment grounds. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000.
    Un****ingbelievable, seriously this is a slap in the face to anyone who served with honor, because of these assclowns in the 9th circuit now everyone can be a Medal of Honor recipient apparently.

    The majority said there's no evidence that such lies harm anybody, and there's no compelling reason for the government to ban such lies.
    Seriously?!?!?!? Really!!!!!? Fraud, perjury, and other untruths that embellish a record and taint the service of those who EARNED a medal harm NO ONE? REALLY?

    I haven't served personally but have plenty of family and friends who did with honor, everyone should be offended by this defense of unprotected speech by the most idiotic court in the land and these judges should be removed for gross incompetance. This is disgusting.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

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    Re: Appeals court: Stolen Valor Act unconstitutional

    Hopefully the 9th Circus will be overturned again.

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    Re: Appeals court: Stolen Valor Act unconstitutional

    Quote Originally Posted by LaMidRighter View Post
    Story is here:
    washingtonpost.com



    Un****ingbelievable, seriously this is a slap in the face to anyone who served with honor, because of these assclowns in the 9th circuit now everyone can be a Medal of Honor recipient apparently.

    Seriously?!?!?!? Really!!!!!? Fraud, perjury, and other untruths that embellish a record and taint the service of those who EARNED a medal harm NO ONE? REALLY?

    I haven't served personally but have plenty of family and friends who did with honor, everyone should be offended by this defense of unprotected speech by the most idiotic court in the land and these judges should be removed for gross incompetance. This is disgusting.
    Why should the Gov't protect Babykillers anyway?








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    Re: Appeals court: Stolen Valor Act unconstitutional

    Do they even understand what valor is, or is that a foreign concept?

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    Re: Appeals court: Stolen Valor Act unconstitutional

    Quote Originally Posted by stealthy View Post
    Hopefully the 9th Circus will be overturned again.
    The logic behind it was what really got me. They called fraud and perjury free speech issues, maybe if they were to do a little research they would find that defamation, fraud, perjury, and immenently dangerous language is outside any protections of the first amendment of the U.S. constitution. Obscenity is somewhat protected, as are "lesser" forms of speech, but deliberate falsehood is not. I just cannot wrap my head around the decision.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

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    Appeals court rules Stolen Valor Act unconstitutional

    By Bill Mears, CNNAugust 18, 2010 1:13 p.m. EDT
    Washington (CNN) -- Lying about military honors is not a crime, a federal appeals court has ruled, tossing out the prosecution of a California public official who falsely claimed to have won the prestigious Medal of Honor.

    The 9th Circuit U.S. Court of Appeals ruled 2-1 there was inadequate "compelling governmental interest" when Congress passed the Stolen Valor Act in 2006.

    Xavier Alvarez had won a seat on the Three Valley Water District Board of Directors in 2007, and at his first open meeting claimed to be a retired Marine who won the Medal of Honor in 1987. The highest military decoration awarded by the U.S. government is sometimes mistakenly called the Congressional Medal of Honor. "I got wounded many times by the same guy," Alvarez declared, according to court records. "I'm still around."

    While the three-judge panel ruled Alvarez's free speech rights were violated, they showed little sympathy for his actions, calling them "nothing but a series of bizarre lies."

    "We have no doubt that society would be better off if Alvarez would stop spreading worthless, ridiculous, and offensive untruths," the panel concluded in its ruling, handed down Tuesday. "But, given our historical skepticism of permitting the government to police the line between truth and falsity, and between valuable speech and drivel, we preemptively protect all speech, including false statements, in order that clearly protected speech may flower in the shelter of the First Amendment."
    Appeals court rules Stolen Valor Act unconstitutional - CNN.com

    And people wonder why the 9th Circuit U.S. Court of Appeals has the reputation for being over ruled?

    The Stolen Valor Act of 2005, signed into law by President George W. Bush on December 20, 2006,[1] is a U.S. law that broadens the provisions of previous U.S. law addressing the unauthorized wear, manufacture, sale or claim (either written or oral) of any military decorations and medals. It is a federal misdemeanor offense, which carries a punishment of imprisonment for no more than 1 year and/or a fine; the scope previously covered only the Medal of Honor.

    The Act was first introduced in the U.S. House of Representatives on July 19, 2005, by Representative John Salazar, a Democrat from Colorado, as H.R. 3352.[2][3] It was introduced into the Senate by Senator Kent Conrad, a Democrat from North Dakota, on November 10, 2005, as S. 1998.[4][5] The Senate version was passed unanimously on September 7, 2006.[5][6] The Senate version then went to the same House Judiciary Committee that held the House version. The Act briefly stalled, but the House subsequently passed the Senate version, S. 1998, on December 6, 2006.[7]

    The purpose of the Act is to strengthen the provisions of federal law (18 U.S.C. § 704[8]) by broadening its scope and strengthening penalties. Specific new provisions in the Act include: granting more authority to Federal law enforcement officers, extending scope beyond the Medal of Honor; broadening the law to cover false claims whereas previously an overt act had to be committed; covering, mailing, and shipping of medals; and protecting the reputation and meaning of military heroism medals.[3][5] Under the act, it is illegal for unauthorized persons to wear, buy, sell, barter, trade or manufacture "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." In the 18 months after the act was enacted, the Chicago Tribune estimates 20 prosecutions. The number is increasing as awareness about the law spreads.[9]

    The Act was likely passed to address the issue of persons claiming to have been awarded military awards for which they were not entitled, and exploiting their deception for personal gain. For example, as of June 2, 2006, there were only 120 living Medal of Honor recipients, but there were far more known imposters.[10][11][12] There are also large numbers of fake Navy SEALS[13][14] and Army Special Forces,[15] among others.
    Stolen Valor Act of 2005 - Wikipedia, the free encyclopedia
    There is no such thing as a “Natural Born Dual-Citizen“.

    Originally Posted by PogueMoran
    I didnt have to read the article to tell you that you cant read.

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    Re: Appeals court rules Stolen Valor Act unconstitutional

    Quote Originally Posted by Crunch View Post
    Appeals court rules Stolen Valor Act unconstitutional - CNN.com

    And people wonder why the 9th Circuit U.S. Court of Appeals has the reputation for being over ruled?



    Stolen Valor Act of 2005 - Wikipedia, the free encyclopedia
    I don't know what to think of this. On the one hand, people that wear medals they haven't earned and used it to promote themselves and/or make money are the scum of the Earth. On the other hand, you have the First Amendment.

    Perhaps instead it should be a civil matter instead of a criminal one ...

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    Re: Appeals court rules Stolen Valor Act unconstitutional

    Here is a picture of a sailor ceremoniously going from pollywog to shellback, in all it's splendor.


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    Re: Appeals court rules Stolen Valor Act unconstitutional

    This is a weird situation for the fact that he said he got the medal after he got elected based on the article. I would put the act of saying you got the MoH in order to obtain/achieve something in the same guise as lying on a job application, its fraud.
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    Re: Appeals court: Stolen Valor Act unconstitutional

    Just to keep this one alive. The ninth circuit really needs to be reigned in, and especially in light of a few things in this particular case.
    1) I don't know how they came to the conclusion that falsehoods are protected as long as they don't harm someone, when you consider all of the people in prison for that very same issue.
    2) It does in fact harm those who served valiantly, I would be incredibly injured had I earned medals only for someone to denegrate that for some form of gains.
    3) Even though this was a civilian law.......wouldn't this be a jurisdiction of the USMCJ considering it is fraud based upon the military's reputation? Maybe a few of our attorney or military friends here could weigh in on that.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

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