Anybody who is concerned about individual Liberty knows that it isn’t about protecting the rights of the best of us. Nobody wants to take down your youtube videos of kittens, or censor the latest superhero blockbuster. Really the first amendment protects hate groups like the KKK and people claiming to be fake SEALs.
The Supreme Court on Thursday struck down a federal law making it a crime to lie about receiving the Medal of Honor and other prized military awards, with justices branding the false claim “contemptible” but nonetheless protected by the First Amendment.
The court voted 6-3 in favor of Xavier Alvarez, a former local elected official in California who falsely said he was a decorated war veteran and had pleaded guilty to violating the 2006 law, known as the Stolen Valor Act. The law, enacted when the U.S. was at war in Afghanistan and Iraq, was aimed at people making phony claims of heroism in battle.
The ruling, written by Justice Anthony Kennedy, ordered that the conviction be thrown out.
Let’s be fair. To claim you have received high military honors is both despicable, and a slap in the face to those who rightfully earned those awards.
But we have the first Amendment, and that protects our right to be despicable…as well as those of us calling out those who are such runny turds of society.
The solution to abuses of rights is MORE rights, never rights. This is a good ruling!
“Really the first amendment protects hate groups like the KKK and people claiming to be fake SEALs.”
Does it? There are established limits to the First Amendement when it comes to commercial speech. For example, there’s no free speach protection for commercial fraud.
So if someone falsely claims to be a SEAL for commercial gain – for example, to get donations to a charity they run, persuade others to go into business with them, get political office – does that not constitute fraud?
(I haven’t been able to find out if the Stolen Valor Act criminalizes all impersonation, or just impersonation for gain. I guess what I’m wondering is: could you make a reasonable and constitutional law that’s narrowly tailored to that specific exception?)
Good point, and I’m not sure. I would say fraud is fraud and it doesn’t matter WHAT you’re lying about, but I haven’t read into that specific thing.
I think it criminalized claiming to have received a military honor. The Stolen Valor Act should criminalize impersonating a military vet the same as impersonating a Peace Officer, a lawyer, etc.
There have been several people jailed for fraud by claiming to have cancer or other disease for fundraising, so claiming to have been awarded a military honor for personal gain would still be fraud.
I agree with the ruling. You just shouldn’t legislate certain things. Lying for gain is fraud. RE: Madoff. Lying for political office is despicable but still legal, subject mostly to the vetting process. RE: Obama, Kerry…
Apparently there’s another bill, better worded, in the works.
Of course, if we could just horsewhip them and be done with it when we find them…..
From the Westboro Baptist Church Case:
“..disgust is not a valid expression for restricting expression”
Anyway….
The law itself punished making the claims period. They court did say that they would uphold a more narrowly written law.
Rep. Heck of Nevada is on it:
“Heck’s law makes it a crime to benefit from falsely claiming to have served in the military or have been decorated for that service.”
He foresaw the unconstitutionality of the Stolen Valor Act as written and even guessed that the Supreme Court would support a more narrowly written law. It’s in front of the House Armed Services Committee so mobilate your Congresscritter in support!
Incidentally, while I, and many of the Veterans with which I have the privilege of associating find the sort of people that would claim military honours and recognition they have not earned beyond repugnant we also took an oath to defend the Constitution. In our collective heart of hearts we know that this was the right decision. Poseurs make me want to puke but we’ve put our butts on the line for them.
I wholeheartedly agree man. We shouldn’t legislate because of hurt feelings, no matter whose feelings were hurt.