High court strikes down Stolen Valor Act

[carpro]

http://nbcpolitics.msnbc.msn.com/_n...high-court-strikes-down-stolen-valor-act?lite

High court strikes down Stolen Valor Act

By Tom Curry, msnbc.com National Affairs Writer

The Supreme Court on Thursday struck down a federal law called the Stolen Valor Act which prohibits a person from falsely claiming that he has been awarded a military honor.

The case involved Xavier Alvarez who was an elected member of the Three Valleys Municipal Water District Board in Pomona, California.

In 2007 Alvarez said at a public water district board meeting that he was a retired Marine, had been “wounded many times,” and had been “awarded the Congressional Medal of Honor” in 1987.

In fact, he never served in the United States armed forces.
Alvarez pleaded guilty to violating the Stolen Valor Act, but claimed that his false statements were protected by the First Amendment right of free speech.

A real shame. I hope Congress tries again to put together legislation to punish these phonies that will be upheld.

Please help "out" these charlatans.

http://www.stolenvalor.com/

 

[Arbo]

As I said in the other thread, shame on them.

 

[Squire Robertsson]

From what I understand, the justices gave guidance to Congress on the matter. The SCOTUS would look favorably on a fraud law (the accused sought to gain material benefit from his\her false claim/s) instead of a limit on free speech however false. I would assume fraud would include charging a speakers' or appearance fee, gaining employment, election to a public office or some other act of misrepresentation. The future law could include a provision for the payer to sue for payment made to the person misrepresenting their medals.

 

[Berean]

Lying certainly is not a crime unless you benefit monetarily, then it becomes fraud which is a crime. You can't lock up everyone who lies.

 

[carpro]

Xavier Alvarez in fake (here Army) uniform.

This is the man whose case went all the way to SCOTUS. He never served in the military,

 

[ktn4eg]

Why am I not surprised about all this?

 

[mont974x4]

Someone is going to use this to support plagiarism and perjury soon.

 

[Squire Robertsson]

Nope, at the least perjury (lying under oath\affirmation) is a well established crime.

Someone is going to use this to support plagiarism and perjury soon.

 

[mont974x4]

That doesn't matter. People will challenge it, and the tax payers will pay for it regardless of how the decision comes down.