District Judge says Liars Always Prosper (and are protected by the 1st)

[Al B. Sure!]

http://www.huffingtonpost.com/2010/07/17/judge-law-penalizing-fake_n_650051.html

DENVER — A law that makes it illegal to lie about being a war hero is unconstitutional because it violates free speech, a federal judge ruled Friday as he dismissed a case against a Colorado man who claimed he received two military medals.

Rick Glen Strandlof claimed he was an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star, but the military had no record he ever served. He was charged with violating the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal.

U.S. District Judge Robert Blackburn dismissed the case and said the law is unconstitutional, ruling the government did not show it has a compelling reason to restrict that type of statement.

Hit the link for more.

The argument is that the government can't say that speech that is false is not protected by the First Amendment. I say it's fraud. Whether he gains anything monetarily out of it is irrelevant.

[Dinner]

I think people who lie about their war record are turds but it should be legal to be a liar just as it should be legal to name them and shame them.

[Dauphin]

I died in battle and won the Victoria Cross.

[Dauphin]

I wonder if he would have been convicted of perjury?

[Dinner]

I died in battle and won the Victoria Cross.

Very commendable.

[Al B. Sure!]

My DD 214 listed the NDSM but I doubt I actually rate it for training if I didn't actually commission


Oerdin:

Were/Are you Army Reserve? I'm curious about the Reserves (albeit Marine Reserves).

[Kuciwalker]

The argument is that the government can't say that speech that is false is not protected by the First Amendment. I say it's fraud. Whether he gains anything monetarily out of it is irrelevant.

How much material harm is caused by someone falsely claiming service?

How much material harm is caused by putting someone in jail for a year?

One of these is greater than the other...

[Dinner]

My DD 214 listed the NDSM but I doubt I actually rate it for training if I didn't actually commission


Oerdin:

Were/Are you Army Reserve? I'm curious about the Reserves (albeit Marine Reserves).

Was for 10 years but got out after two deployments and 2 years on stop lose.

[Hauldren Collider]

The argument is that the government can't say that speech that is false is not protected by the First Amendment. I say it's fraud. Whether he gains anything monetarily out of it is irrelevant.

How much material harm is caused by someone falsely claiming service?

How much material harm is caused by putting someone in jail for a year?

One of these is greater than the other...

you're not wrong, but you are looking at this from the totally wrong direction. there is a much, MUCH MUCH stronger reason behind the ruling.

[Kuciwalker]

A reason that's not very convincing to 1st Amendment skeptics, duh.

[Al B. Sure!]

Was for 10 years but got out after two deployments and 2 years on stop lose.

Enlisted? MOS? Did you go to school or work when you were not deployed? How did you find the drill and how it meshed with your regular life? And any thoughts on what officers or SNCO's do for drill? I mean it's not like a corporal who just shows up and does what he's told. I'm assuming an Lt. has to organize the training? Also, any thoughts on the distance for training? If I would have to go all the way to Buffalo for drill for my preferred MOS (for Marine Reserve officers you pre-select the MOS based on availability within a certain radius from your home of record), is that retarded or do guys go that far for drill sometimes?

Any thoughts on preparedness of reservists and reserve units for deployments or combat situations as compared to AD? Any difficulty in working with AD units due to not having been IN Army culture except 38 days of the year?



Oh yeah, and I want to say Kuci... how about the harm caused by some ******* who watched CNN claiming to be a veteran and getting props and then his exposure causing people to question every real hero that they see? You just don't get it that there are more important things in life than what can be counted.

[Solomwi]

That's included in Kuci's first question. A tiny ding to the low-level celebrity and hero worship accorded military personnel isn't very consequential.

[Elok]

Hell, the Church of Scientology has been claiming for decades that L. Ron Hubbard won 20 or so medals during his Navy service. The Navy has responded to inquiries that no, he only got four, and they were all for being in the service during WWII, but they never made a fuss about it.

[SlowwHand]

A person that lies about their military service is just pathetic. I would never do anything to help out a liar.

[DinoDoc]

Anti-war speakers across the nation have just breathed a sigh of relief.