Appeals court: Stolen Valor Act unconstitutional (9th Circus)

[Hazcat]

AP) – 10 hours ago

PASADENA, Calif. — A three-year-old federal law that makes it a crime to falsely claim to have received a medal from the U.S. military is unconstitutional, an appeals court panel in California ruled Tuesday.

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.

Alvarez was indicted in 2007. 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.

A panel of the 9th U.S. Circuit Court of Appeals sided with him in a 2-1 decision Tuesday, agreeing that the law was a violation of his free-speech rights. 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.

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http://www.google.com/hostednews/ap/article/ALeqM5jfsvGMfsx2uEzANrdg0fRn-YokvgD9HLK02O0

[fightingquaker13]

That's a tough one. Common sense says he should be flogged. On the other hand, there is that "Congress shall make no law" bit. Libel is an exception, but who is he libeling? Fraud is also a possibility, but do we really want the feds fact checking politician's claims? We'd never hear from any candidate except through their lawyers. Its one of those things where you just hope folks have some decency, and if not, they'll get caught and the voters will.
FQ13 who is seriously pissed, but doesn't rightly know where to direct that anger, except at that scumbag.

[crusader rabbit]

Back in the '80s when I lived in Kalifornistan, we had a guy running for a local office.  He claimed to have been a graduate of a certain college.  That claim was later determined to be fallacious and he was removed from the ballot.  He sued, lost, and his removal was upheld (as I remember it).  Now, I don't know what "harm" his lie caused, but there was at least the implication that a fraudulent representation of his educational background impacted his overall desirability as a candidate.  I would think the same would hold true for someone who represented himself as a military hero.  Who is actually harmed by the claim?  Everyone who relies on that through the decision-making process.  Is the harm specific?  Well, only if "feeling as if you have been fooled" counts as harm.  Still and all, IMHO relying on statements made by candidates about themselves should have to come with some sort of guarantee of voracity.  On the other hand, thinking that anyone in government should be required to be honest is facile, and we get the government we deserve. 

Tar, feathers, and good hemp rope have fallen out of fashion.  And this Crusader thinks that may be the greatest shame.

[garand4life]

If this is the case then I can say I am the President of the United States, an FBI agent and God and no body can say "BOO". So I'm a cop! Of course there is no factual basis for any of those claims but telling someone I'm a Federal Agent is a impersonating a Federal Officer and a crime. So why isn't this law constitutional again?

[Ichiban]

That's a tough one. Common sense says he should be floggedshot.
FQ13 who is seriously pissed, but doesn't rightly know where to direct that anger, except at that scumbag.

FIFY.

The 9th Circus Court should be disbarred.

[Sponsor]

[jnevis]

If this is the case then I can say I am the President of the United States, an FBI agent and God and no body can say "BOO". So I'm a cop! Of course there is no factual basis for any of those claims but telling someone I'm a Federal Agent is a impersonating a Federal Officer and a crime. So why isn't this law constitutional again?

I can't wait to see that one in the news.
"Local gang member released on appeal after he was convicted of impersonating an undercover police detective while demanding money from shop owner."

The thugs are probably already reading up on it so they can find a new way to circumvent the system.

[Solus]

The question is:

Should each type of lie be enumerated in it's own law or should the law specify that fraud or misrepresentation in general be the crime?

I go for the general law. 

And telling someone in a bar that you are a Hero, FBI Agent or God, isn't a crime...just no class behavior

[MikeBjerum]

Today, proud teachers that know way better than the rest of us are telling kids in their classes how the First Amendment has come to the defense of a helpless citizen and protected him from the tyranny of the Right.  Our children, and sadly the age of our children is rising quicker than the gestation period, are being taught that the truth is what we want it to be rather than what it is.

You want attention - Go out and do something, and don't steal it from someone else!

List so far:

Kill babies ... OK

Steal from hard working people and redistribute to lazy ... OK

Accept that we are the worst nation in the world, and appologize for every thought we have ever had ... OK

Trash citizenship and make us a gathering place for anyone from anywhere ... OK

Quit thinking for ourselves, forget our Founding Fathers, and turn legislation over to the United Nations ... OK

Destroy the free enterprise system that made us great ... OK

Destroy morals and basic right vs. wrong beliefs that govern civilized man ... OK

Enough!!!

Time for ... not change ... Time for a return the foundational basics of a Great United States of America!!!

[garand4life]

The question is:

Should each type of lie be enumerated in it's own law or should the law specify that fraud or misrepresentation in general be the crime?

I go for the general law.  

And telling someone in a bar that you are a Hero, FBI Agent or God, isn't a crime...just no class behavior

WINNER!!!!

[tombogan03884]

That's a tough one. Common sense says he should be flogged. On the other hand, there is that "Congress shall make no law" bit. Libel is an exception, but who is he libeling? Fraud is also a possibility, but do we really want the feds fact checking politician's claims? We'd never hear from any candidate except through their lawyers. Its one of those things where you just hope folks have some decency, and if not, they'll get caught and the voters will.
FQ13 who is seriously pissed, but doesn't rightly know where to direct that anger, except at that scumbag.

That has no bearing, This has nothing to do with either religion, or 1st Amendment, (which by the way has never been held to protect lying for gain.
This is a simple case of falsely claiming things that are not true .
And why shouldn't candidates claims be fact checked ?