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Stolen Valor Unconstitutional?

Is the Stolen Valor Act Unconstitutional?

Today, the Supreme Court ruled it is.

The Act, signed into law in  December 2006, made it illegal to falsely claim to be the recipient of military honors and decorations. The court found that the statute violates the First Amendment as it “seeks to control and suppress all false statements on this one subject in almost limitless times and settings without regard to whether the lie was made for the purpose of material gain.”

According to Justice Anthony M. Kennedy, the First Amendment “protects the speech we detest as well as the speech we embrace.”

Government lawyers argued that lies about military medals are “false statements (that) have no value and hence no 1st Amendment protection.” However, as there is no proof that lying about medals degrades the value and honor of those who have actually earned them, the majority disagreed.

Kennedy did say however, Congress could rewrite the Act “to achieve the government’s objective in less burdensome ways.”

 

The below was originally posted Sept. 16, 2011

Today, a federal appeals court in San Francisco will begin to hear arguements in one of the first cases of prosecution under the Stolen Valor Act.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” – First Amendment, U.S. Constitution

On Dec. 20, 2006, President George W. Bush signed into law the Stolen Valor Act.  The act amended Title 18, United States Code, to enhance protections relating to the reputation and meaning of the Medal of Honor and other military decorations and awards.

It expanded the provisions of existing U.S. laws that addressed the unauthorized wear, manufacture, or sale of military decorations and medals, dating back to 1948. It also made it a federal misdemeanor for someone to falsely represent himself or herself as having received any U.S. military medal or decoration.

Provisions of Stolen Valor:

  • Enhanced penalty for offenses involving the Distinguished-Service Cross, Navy Cross, Air Force Cross, Silver Star, and Medal of Honor.
  • Made it illegal for unauthorized persons to wear, buy, sell, barter, trade, or manufacture “any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces.”
  • Made it illegal for anyone to falsely represent himself or herself, verbally or in writing, to have been awarded any military decoration or medal – punishable by fines or up to six months imprisonment, or both.

The law was upheld in Virginia and recently in North Carolina, when a 68-year-old man was sentenced to 16 months in prison for wearing the uniform of a decorated Marine colonel without authorization, making false statements to federal authorities and defrauding the Department of Veteran Affairs of more than $37,000 in disability payments.

The act however, has been challenged in Colorado and California, where a federal appeals court panel ruled the act unconstitutional because it violates the First Amendment.

In the Virginia case, U.S. District Judge James P. Jones ruled the Stolen Valor Act does not violate free speech and false statements are a recognized category of unprotected speech.  His position is that the Stolen Valor Act applies to “outright lies” made knowingly with intent to deceive.  Through his ruling, the judge stated “there is no constitutional value in false statements of fact,” referring to a previous case involving defamation (Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974).

The most recent proposed amendment to the Act, however, prohibits the making of law that would abridge the freedom of speech.

From a service member’s perspective there is a significant distance between a citizen’s freedom of speech and misrepresenting whom they are by lying about service to our country – a service that those in the military hold in the highest regard.

In most cases, successful ‘Stolen Valor’ prosecutions were justified because an individual lied about military service and decorations to gain benefits of monetary value, which is fraud.

In the coming months, the potential exists for more stories of stolen valor arise, as some politicians and legislators encourage the Supreme Court to review and reverse the panel’s decision to restore the act.

If perjury is punishable in 17 states, and in many cases lying to police is also a chargeable offense, should lying about military service, awards or decorations receive constitutional protection?

Take our poll and tell us what you think.

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  • Cowoman42

    why would anyone dispute this law?  even liberals surely uphold the right for soldiers not to be defamed?  

  • Igmarine

    It was just an honor to wear the Marine Corps uniform for 10 years. Real servicemen and women don’t make a big deal of medals.

  • Roy Barnes

    The United States citizens that have fought for this country deserves much more than what we give them for “A job well done” and now people want to somehow dilute their honor with bullshit   �
    like this. These people that “DARE” to wear something they did not earn and then go even further down the shit pipe and make money off their fantasies? I just can’t describe how that makes me feel. I want to shed a tear but then I want to stomp a mud hole in their asses at the same time. 

                                                                                                             Confused in Texas

  • Guest

    The people representing this issue are probably the ones caught doing it.

  • GunShow9657

     It is illegal to impersonate the police, what is the difference?  There shouldn’t be any question about this law.

  • Army Vet

    Semper Fi bro, From a Army Brother

  • USMC17751110

    I believe individuals who are posing as someone who has risked life and limb for his/her country and family is most likely not looking for direct monetary gain.  Especially now with digital technology, it is hard to find a way to do it and get away with it.  Most I believe are doing it for the attention, respect and hospitality from individuals who want to honor those who have served and sacrificed.  They are stealing from the people or organizations providing discount services or gifts, and stealing from the service men and women they were intended for.

  • Lynx

     There is no law against collecting military medals of any kind. Wearing them or saying you won them is something else and should be punished for doing so..

  • Gmcampo

    Semper Fi – you are so right.  These liars are taking away from my Father, who served in WWII in the greatest fighting force ever – United States Marine Corp!!! He is and always will be my hero.  These chicken shit judges better do the right thing- Lying is not free speech!!!

  • http://twitter.com/giveen Jeremy Morales

    Be proud of how you served, don’t lie. 0651/0653 USMC, proud to have been a data geek.

  • LCPL Anonymous

     It says “any decoration or medal authorized by Congress for the armed forces of
    the United States, or any of the service medals or badges awarded to the
    members of such forces.”
    So it covers all of the ribbons and medals.

  • http://www.facebook.com/profile.php?id=100002940184512 ZR Davis

    So impersonation of a LEO is a first amendment right? If I went up and told somebody I was a cop or federal agent to me its the same thing. Both carers serve and protect Americans. So under the foolishness of claiming this is unconstitutional it could open a whole can of worms other ways

  • USMC Wife

    I am not a lawyer, so I’m not going to argue whether or not it is unconstitutional. However it is dishonest. I’m ok with liars being prosecuted for misrepresentation. Let’s face it, anyone pretending to have served in the armed forces who didn’t is a bottom feeder. It’s amazing how many bottom feeders there are out there.

  • Joeymills21

    Ok you say freedom of speech then how can i get charged with deformation of character which gettin charged for that is unconstitutional since i do have a right of freedom of speech. It is definitely unconstitutional for any one military or not to wear any item not eared. For nonmiltary personnel to wear anything military issued or earned item is a disgrace

  • Hal

    Freedom of speech does not give someone the right to misrepresent themselves as person that was awarded such an honor…I feel it’s a slap in the face for the men and woman that were wounded or died in service to America….

  • Jdpoint

    Tell me again, how is lying or fraud “freedom of speech?”-Sgt Ski, USMC 1980-86

  • james ellis

    if you didn’t earn, don’t wear it. usme64-68

  • 0844

    If wearing medals you didn’t earn is free speach(lies), can those of us that have earned certain citations, that these tools are impersonating, pin their medals on for them?

  • Will

    Putting on a Military uniform and decorations is NO DIFFERENT then putting on a Police Uniforn and Sheild and saying your a Cop. Its false impersonation!

  • Todd

    I wanted to become a marine but my health got terrible and at 18 I can’t even run/jog anymore so I could never make it. Though I would never act like I was a marine or say I was, not everyone who does it was too scared to join. Some are just old men wishing to live out their dreams before they die.

  • http://profile.yahoo.com/IK2RVQM35WTP6OWTXN5C2SSAII Jose

    Amen to that Brother.

  • KingofBeards

    Well, they wouldn’t fire you for exercising 1st Amendment rights in your creative “resume” writing… they would fire you because you’d be unqualified for the job, which is probably the truth which would lead them to the discovery of the lies in the first place.

  • lonnie

    i say it should be against the law for those in the nonth circuit court to pose as real judges.

  • Anonymous

    misrepresenting awards for valor and service is a slap in the face for all servicemen and women whether they were in combat or not  in peace time or wartime. Those that do it should be punished and as a person that is an advocate for and supporter of the Marine Corps for veterans and their rights prison is to good for some and it does not come under the heading of Free Speech that first amendment has been defiled bent and twisted by so many lawyers and judges from the original meaning I don’t see why it is there anymore except for posterity.To wear Medals not entitled to is not speaking it’s showing off  and misreprsenting oneself, and males  it hard on those that would on certain ocasions wear something to honor a parent that is deceased.To go to an Iwo reunion I would wear my dads lapel pin for Bronze to honor what he did and I tell it so.

  • Mab247365

    great another law no one will enforce

  • Beardhd

    There needs to be a law disbanding the 9th circuit in CA!  They are looney leftists whose decisions are regularly overturned!

  • USMCVET4REAL

    In the words of Ted Nugent,
    ” DEATH BY MISADVENTURE”
    Who I saw live at CAL JAM 2 while I was REALLY serving in the Marines at 29 palms.
    Strange Analogy? I think NOT.
    SERVE OR BE SERVED! I HATE THIEVES.

  • Anonymous

    Unconstitutional!

  • Cavan99 Cm

    If you talk the talk ,did you walk the walk ?
    No deviation either you did or you didn’t
    Most of the Real Heroe’s do not seek the lime light !

  • EC Estrella

    I respect your opinion as a fellow Marine Vet, but I strongly disagree with it. If this were a matter of making a statement of protest, acting in Hollywood or other Constitutionally protected speech I would agree with you. However, to falsely represent oneself as something you’re not for monetary or other gain in a classic definition of fraud or criminal misrepresentation or criminal impersonation. Any court that disagrees needs to truly study Constitutional Law.

  • Stanford Attorney

    Why is the Purple Heart not included? The Bronze Star? And Campaign Medals? I see no reason why people cannot collect Medals of Valor, but to wear them or represent that you’ve won them whe you haven’t is despicable.

  • James Hellmann

    If you want to stop this problem, let people check a suspects record at the record center. Their are suspects in my veteran organizations.
     Chosin Few USMC Vet

  • James Hellmann

    If you want to stop this problem, let people check a suspects record at the record center. Their are suspects in my veteran organizations.
     Chosin Few USMC Vet

  • James Hellmann

    If you want to stop this problem, let people check a suspects record at the record center. Their are suspects in my veteran organizations.
     Chosin Few USMC Vet

  • Chestylivesinsideme

    ingdave.. even as a Marine (cause last time i checked it was once a Marine always one).. obviously you didnt earn any worthwhile medals or serve in any matter where a medal would actually mean something to you at all.. liberal california and colorado (and no i did not capitalize the states names cause they are worthless and full of hippies) can fall off this patriotic country.. so if you think its ok for someone to wear the uniform you did and say they did things that you obviously did not do.. you are must have lost your daggone mind Marine..

  • USMCVET

    If you didn’t earn it, don’t wear it.  Most of these thiefs are chicken shit wanna be hero’s who want to impress their friends.  They were too scaird to join the Military in the first place they should have just gone to Canada like the wussies during Nam.  I hope I never run into one of you because you just might catch an ass woopin from this old Marine.

  • KewlWM

    Anyone who misrepresents themselves as having served in our military or received awards, whether it is to gain money, credibility, or other favor, is a disgrace and those who would do so should be punished. To turn a blind eye to the wrongfulness of such a thing is to do disservice to all who have earned the right to wear the uniform and decorations. To say that making such false claims is protected under the Freedom of Speech is an embarrassment in and of itself by the very fact that false claims are not protected under the First Amendment and should cause us to consider the motives and the values of those who would condone this offensive behavior.

  • Fmwright

    If this law is not upheld it is an insult to every military man and woman who has died for this country

  • Jarhead68

    If this law is unconstitutional based on the 1st Amendment, I should be able to represent myself as a doctor, lawyer, engineer or rocket on my resume to get a job in one of those fields.  My resume could be made of whole cloth with all sorts of honors and awards thrown in.  And when they found out I was lying, they couldn’t fire me because they would be violating my 1st Amendment rights.  

  • http://www.facebook.com/davehughes.nc David Hughes

    Sounds good to me.  If you’ve served your time and earned your ribbons, display them with the splendor they deserve.  If you falsely decorate yourself with ribbons unearned, I challenge to wear them at my house and stand behind them at by house.  I’ll bet they’re not bullet proof.  You’d wish they were.

  • Bill

    Having served my 21 years protecting the laws and freedoms of this nation I get this view, however there is a line that cant be crossed (like impersonating a police officer) or alike, our Judges all try to be to politically correct to often.

  • Skareus

    No one has the right to lie about being in the military. Nor should anyone lie about medals or decorations they’d supposedly received. It’s an honor and a privilege to be in the military. Those who have served deserve to have thier honor upheld by such a law. Those who falsely claim to be something they are not, should be held accountable ( probably not a term most of them are familiar with). Besides those who have served gave up their freedom to serve this country, something lyers bitching about freedom of speech know nothing about.

  • Jesse Stinton

    Absolutely, freedom of speech protects a citizens ability to believe, worship and express their views but not to lie about objective facts.  They can say they feel like they deserve a medal of honor and as much as the rest of the world may disagree they have that right but I see nothing in the constitution that protects a persons right to lie. I do see plenty of laws forbidding untruthful statements in cases such as the article prestents

  • http://pulse.yahoo.com/_O23M7SEXSJZ35CZFQHW7PAEZCE Cpl Orbinati

    If it does get found by any large court I will welcome and I will start a push to amend the US Constitution, and expand punishment to match the Stolen Valor Act.. here is what I say about it.. it is ILLEGAL to.. say present yourself as a law enforcement officer by wearing or stating that you are a police officer if you are not. Under the 2006 Stolen Valor Act it makes it a FEDERAL CRIME to impersonate a member of the Armed Forces, wear the uniform of a member of the Armed Forces, and wear unearned medals that can/are awarded to members of the Military. Those of us who ARE members and veterans of the Armed Forces earned the awards, rank and titles of our respective services and do not need a bunch of “Wannabes” running around claiming that they are servicemen/servicewomen, wearing OUR uniforms and wearing a bunch of medals that they NEVER earned.  

  • http://twitter.com/USMC_Vet Scott E. Allen

    About time

  • Earl

    You are not allowed to impersonat law enforcement and such persons, so why should you be allowed to impersonate or make a story about having been in the military?

  • ingndave ingndave

    Even as a Former Marine I agree with California and Colorado on this. Really, I feel over time the importance of military decorations has diminished significantly. I understand our Soldiers,Marines,Airmen and Sailors put themselves in harms way however the symbolic nature and importance of a medal upon our society has been lost. Tell a civilian that you earned this medal or that medal or served in the military and its usually met with indifference.

  • Bec2110ron

    If you want to have the honor of wearing any military medal or decoration, then you need to grow a set and stand on the yellow foot prints.

  • William Allen Usmc

    Its a crime to dress up as a police officer and walk around….. so why are we questioning the stolen valor act?

  • Ajpadre

    How about dont wear what you didn’t earn. How hard is that?