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10-17-2011, 03:27 PM
http://content.usatoday.com/communities/...Stories%29
The U.S. Supreme Court is stepping into an emotionally charged dispute over a federal law that makes it a crime to lie about being a war hero, USA TODAY's Joan Biskupic reports.
The case involves the Stolen Valor Act, passed by Congress in 2006, and tests the reach of First Amendment free speech protection even for lies about personal military feats.
The law declares it a crime when anyone "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."
Xavier Alvarez of California was convicted of asserting that he had been wounded many times as a Marine and awarded the Medal of Honor, the highest military award.
Justice Department lawyers say the law responded to concerns that a ban on the unauthorized wearing of medals was not sufficiently deterring false claims about personal war records.
A trial judge sentenced Alvarez, who never served in the military, to three years probation and imposed a $5,000 fine. The U.S. Court of Appeals for the 9th Circuit reversed, based on free speech grounds.
The appeals court said the law -- targeting speech and imposing a criminal penalty -- was subject to the strictest constitutional scrutiny. It concluded the government should have more narrowly tailored the reach of the law by targeting "actual impersonation or fraud."
Chief Judge Alex Kozinski of the appeals court wrote that "white lies, exaggerations and deceptions ... are an integral part" of life and human interaction.
The court is likely to hear the case early next year.
The U.S. Supreme Court is stepping into an emotionally charged dispute over a federal law that makes it a crime to lie about being a war hero, USA TODAY's Joan Biskupic reports.
The case involves the Stolen Valor Act, passed by Congress in 2006, and tests the reach of First Amendment free speech protection even for lies about personal military feats.
The law declares it a crime when anyone "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."
Xavier Alvarez of California was convicted of asserting that he had been wounded many times as a Marine and awarded the Medal of Honor, the highest military award.
Justice Department lawyers say the law responded to concerns that a ban on the unauthorized wearing of medals was not sufficiently deterring false claims about personal war records.
A trial judge sentenced Alvarez, who never served in the military, to three years probation and imposed a $5,000 fine. The U.S. Court of Appeals for the 9th Circuit reversed, based on free speech grounds.
The appeals court said the law -- targeting speech and imposing a criminal penalty -- was subject to the strictest constitutional scrutiny. It concluded the government should have more narrowly tailored the reach of the law by targeting "actual impersonation or fraud."
Chief Judge Alex Kozinski of the appeals court wrote that "white lies, exaggerations and deceptions ... are an integral part" of life and human interaction.
The court is likely to hear the case early next year.
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10-17-2011, 04:56 PM
It sure as hell needs to be a crime. Especially since we've been at war for 10 years, these guys are way, way to common.
Notice that it says it's a crime if they fake being awarded any decoration or medal authorized by Congress...technically, that should go for any poser that wears a uniform, even if they don't claim fake medals, because all 5 services have a ribbon you get upon completion of their own basic training. That falls under decoration or medal authorized by Congress for the Armed Forces of the United States...but I'm pretty sure it won't be included in it, or be enforced.
I got arrested at a Central game last year for beating a poser's ass...and got talked to like a dog for doing it, too. It was pathetic...I used to have pictures of the guy on Facebook but the court made me take them off of there. I wouldn't have beat him down if he would've taken off his ACU top like I asked him too. The idiot had 5 badges on, a Special Forces patch on both soldiers, along with the SF tab on both shoulders (which is incorrect), along with a Staff Sergeant rank on and a green beret. He was aloud to stay, with his uniform on, while I went to jail. I wrote in to the News-Express about it and it was actually published in the "Guest" editorial section or whatever it's called now.
I'm still paying on a fine for it, lol. At least I got the patches off his arm. This crap is way, way to common, and I can't stand it when people don't do anything about it. When idiots decide to do this, they're spitting on everyone who's ever worn that uniform, and especially the guys that have actually earned the badges and tabs and medals they "wear". I will correct these guys until the day I die...just like the guy above. If they don't give me their blouse, they are going to have to fight for it. Only respectable way to handle these guys, in my opinion.
Notice that it says it's a crime if they fake being awarded any decoration or medal authorized by Congress...technically, that should go for any poser that wears a uniform, even if they don't claim fake medals, because all 5 services have a ribbon you get upon completion of their own basic training. That falls under decoration or medal authorized by Congress for the Armed Forces of the United States...but I'm pretty sure it won't be included in it, or be enforced.
I got arrested at a Central game last year for beating a poser's ass...and got talked to like a dog for doing it, too. It was pathetic...I used to have pictures of the guy on Facebook but the court made me take them off of there. I wouldn't have beat him down if he would've taken off his ACU top like I asked him too. The idiot had 5 badges on, a Special Forces patch on both soldiers, along with the SF tab on both shoulders (which is incorrect), along with a Staff Sergeant rank on and a green beret. He was aloud to stay, with his uniform on, while I went to jail. I wrote in to the News-Express about it and it was actually published in the "Guest" editorial section or whatever it's called now.
I'm still paying on a fine for it, lol. At least I got the patches off his arm. This crap is way, way to common, and I can't stand it when people don't do anything about it. When idiots decide to do this, they're spitting on everyone who's ever worn that uniform, and especially the guys that have actually earned the badges and tabs and medals they "wear". I will correct these guys until the day I die...just like the guy above. If they don't give me their blouse, they are going to have to fight for it. Only respectable way to handle these guys, in my opinion.
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10-17-2011, 05:07 PM
lol, it's only like $20 a month. I could of had it thrown out in a second if I hadn't been arrested for this before. Got into it last summer, of 2010, with a poser at the Speedway in Pikeville.
I don't care to spend a night in jail to show these pieces of shit that their behavior is just not acceptable, and their actions have consequences. It's ridiculous.
I don't care to spend a night in jail to show these pieces of shit that their behavior is just not acceptable, and their actions have consequences. It's ridiculous.
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10-17-2011, 06:50 PM
I just really, really hate the people that do this crap. The guys they pose as have been through way way more hell than I'll ever go through, and the fake medals they go around bragging about, it just pisses me off. Most of the medals that they say they've "earned" involve the loss of American life...you don't lie about that crap, and you definitely don't go around telling war stories and bragging about them. It's just so disrespectful. I've looked past alot in my life, but I can't look past that stuff. They are scum, and need to be dealt with as such.
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10-18-2011, 12:41 AM
Why in the hell would anybody even try this? It's crazy.
10-18-2011, 12:52 AM
lol man, I thought I had it all figured out before I enlisted and actually got to meet people from everywhere. We have some really, really jacked up people in this country, I don't put a thing past ANY one of them anymore...I still get surprised at some of the crap people pull everyday. It's like the guy I mentioned earlier, I had to get close to him and look for a few minutes before I confronted him. I just couldn't believe any self-respecting SF soldier, or any soldier that's been in the Army for more than a few months, would wear our ugly uniform out anywhere, much less a soldier as "decorated" as this guy claimed to be.
It just blows my mind...it's just a matter of respect, jeez. It's like no one has any standards anymore...I'm starting to wonder if most people had any standards to begin with really.
It just blows my mind...it's just a matter of respect, jeez. It's like no one has any standards anymore...I'm starting to wonder if most people had any standards to begin with really.
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10-18-2011, 12:54 AM
I hope it passes!
[SIGPIC][/SIGPIC]
âRelax, all right? Donât try to strike everybody out. Strikeouts are boring! Besides that, theyâre fascist. Throw some ground balls â itâs more democratic.â
Crash Davis
10-18-2011, 10:26 AM
vundy33 Wrote:lol man, I thought I had it all figured out before I enlisted and actually got to meet people from everywhere. We have some really, really jacked up people in this country, I don't put a thing past ANY one of them anymore...I still get surprised at some of the crap people pull everyday. It's like the guy I mentioned earlier, I had to get close to him and look for a few minutes before I confronted him. I just couldn't believe any self-respecting SF soldier, or any soldier that's been in the Army for more than a few months, would wear our ugly uniform out anywhere, much less a soldier as "decorated" as this guy claimed to be.
It just blows my mind...it's just a matter of respect, jeez. It's like no one has any standards anymore...I'm starting to wonder if most people had any standards to begin with really.
It's truly unfortunate to what lengths individuals will go to in order to scam themselves into a better position. It's individuals like this that make the black mark on all!
10-18-2011, 02:49 PM
Thanks for the update on this Dusty, I had forgotten about it, and it's not really front page news on any of the websites I check out. Gracias again.
I hope it passes, or some sort of Stolen Valor law passes. I'm not about wanting to take away anyone's free speech or anything like that, but this does not freakin' cover free speech, in my opinion. The only reason these people do this crap is to get hugs and handshakes and thank-you's, or let good people (usually older vets) buy them a beer or something like that, to be acknowledged for something they didn't earn...that's scamming people in my book, and there should be a law like this making this crap illegal.
I hope it passes, or some sort of Stolen Valor law passes. I'm not about wanting to take away anyone's free speech or anything like that, but this does not freakin' cover free speech, in my opinion. The only reason these people do this crap is to get hugs and handshakes and thank-you's, or let good people (usually older vets) buy them a beer or something like that, to be acknowledged for something they didn't earn...that's scamming people in my book, and there should be a law like this making this crap illegal.
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10-18-2011, 02:58 PM
^ I'm glad to hear that we have someone who is so close to this and can help all of us better understand this topic. It is egregious and a sad state that some of the few bad eggs have brought to stained this precious and honorous recognition to those who protect this country.
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