In all the hoopla, many missed that the Stolen Valor Act was overturned

[Bill Mattocks]

The Stolen Valor Act had made it illegal for anyone to pretend to be a veteran, wear a uniform, claim or display medals to which they were not entitled, etc.

In all the hoopla over the SCOTUS ruling on healthcare, it seems many didn't notice that on the same day, Stolen Valor was ruled unconstitutional as well.

http://www.military.com/daily-news/...ing-stolen-valor-law.html?ESRC=topstories.RSS

Vets Respond to Court Overturning Stolen Valor Law
Jul 02, 2012
Associated Press| by Allen Reed
FAYETTEVILLE, N.C. -- Jack Jacobs can proudly -- and truthfully -- say he was awarded the Medal of Honor for his valor in Vietnam. After a recent Supreme Court ruling, anyone else is free under the First Amendment to make the same claim, whether it's true or not.
Some military veterans say they consider the ruling a slap in the face. For Jacobs, though, it was the right decision. He said he wore the uniform to protect people's rights -- even if he doesn't agree with how they exercise those rights.
"There are lots of things people do that revolt me, but I'm happy that I fought for this country not to give them the right to do something stupid, but for the majority of the people to do the right thing," said Jacobs, 66, who earned the Medal of Honor in 1969 for carrying several of his buddies to safety from a shelled rice field despite the shrapnel wounds in his head, the streaming blood clouding his vision.
"I'm a free speech guy," he said.
The high court ruled 6-3 on Thursday to toss out the conviction of Xavier Alvarez, a former California politician who lied about being a decorated military veteran. He had been charged under the 2006 Stolen Valor Act, which made it a crime to lie about receiving the Medal of Honor and other prestigious military recognitions. The decision invalidated the law, as the justices ruled Alvarez's fabricated story was constitutionally protected speech.

As a veteran, I also agree with Jack Jacobs, quoted above. I'm a Free Speech guy too. Yes, it's a slap in the face, but not a criminal act.

If someone misrepresents themselves to commit fraud, that's fraud. It was a crime before Stolen Valor Act, and it's still a crime. And it should be prosecuted as such.

The decision doesn't give anyone carte blanche to lie about their service record in an effort to get free perks, however. Anyone who fabricates any honors can still face fraud charges, which is what happened to former Marine Sgt. David Budwah in 2009. He was demoted to private and dishonorably discharged after pretending to be a wounded war hero to get free seats at rock concerts and sports events.

However, I understand that this issue stirs strong emotions. I get it. I just agree that it's not a crime per se.

 

[ballen0351]

I agree with the ruling. I don't like it but I agree with it.

 

[Tgace]

Under Title 18 Sect.702 its been a federal offense to actually wear uniforms/medals for a long time...the feds just never really prosecute it.

Title 18 United States Code

Sec. 702. Uniform of the armed services and Public Health
Service

Whoever, in any place within the jurisdiction of the United
States or in the Canal Zone, without authority, wears the uniform, or a
distinctive part thereof or anything similar to a distinctive part of the
uniform of any of the armed services of the United States, Public Health Service
or any auxiliary of such, shall be fined under this title or imprisoned not
more than six months, or both.

Sec. 704. Military Medals or Decorations

(a) In General. - Whoever knowingly wears, manufactures, or
sells 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, or the ribbon, button, or rosette of any such badge, decoration or
medal, or any colorable imitation thereof, except when authorized under
regulations made pursuant to law, shall be fined under this title or imprisoned
not more than six months, or both.

(b) Congressional Medal of Honor.

(1) In general. - If a decoration or medal involved in an
offense under subsection (a) is a Congressional Medal of Honor, in lieu of the
punishment provided in that subsection, the offender shall be fined under this
title, imprisoned not more than one year, or both.

(2) Definitions. - (A) As used in subsection (a) with respect
to a Congressional Medal of Honor, "sells" includes trades, barters, or
exchanges for anything of value.

(B) As used in this subsection, "Congressional Medal of Honor"
means a medal awarded under section 2741, 6241 or 8741 of Title 10.

The stolen valor act ammended the section with this:

http://www.macvsog.cc/stolen_valor_act.htm

(4) by inserting after subsection (a) the following:
`(b) False Claims About Receipt of Military Medals- Whoever falsely represents himself or herself, verbally or in writing, to have been awarded 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, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof shall be fined under this title or imprisoned not more than six months, or both.'; and

So now simply SAYING you are a CMOH holder became a crime...while I am a Vet and a despiser of military frauds, this does sound like a 1st amendment issue. As distasteful as it is.

 

[MJS]

The Stolen Valor Act had made it illegal for anyone to pretend to be a veteran, wear a uniform, claim or display medals to which they were not entitled, etc.

In all the hoopla over the SCOTUS ruling on healthcare, it seems many didn't notice that on the same day, Stolen Valor was ruled unconstitutional as well.

http://www.military.com/daily-news/...ing-stolen-valor-law.html?ESRC=topstories.RSS



As a veteran, I also agree with Jack Jacobs, quoted above. I'm a Free Speech guy too. Yes, it's a slap in the face, but not a criminal act.

If someone misrepresents themselves to commit fraud, that's fraud. It was a crime before Stolen Valor Act, and it's still a crime. And it should be prosecuted as such.



However, I understand that this issue stirs strong emotions. I get it. I just agree that it's not a crime per se.

Sadly, people lie about just about anything nowadays. Its just like some clown, that buys a Crown Vic, gets ahold of a uniform, badge, lights, and drives around pulling over cars, pretending to be a LEO. That is a crime, and lying about being in the service should be one too. Unfortunately, instead of these people putting in the hard work, they lie. They probably wouldn't last 2 hrs going thru some of the training that our service men/women go thru today. If you want something that bad, get off your *** and earn it! Don't lie about it, making yourself sound like some hero, when you're really not.

 

[jks9199]

I haven't read the opinion yet. I can see the 1st Amendment argument. I think there is a way around it, though. Fraud charges. If you simply are claiming veteran status or to hold any medal -- there's not much that can be done. It's kind of like wearing NYPD, FBI, CHP or some other police stuff; not a crime in and of itself. It is to present yourself as a cop and try to gain some sort of benefit from that stuff. But if you get any benefit from it, you're into fraud territory.

 

[WC_lun]

If there is no fraud involved it is disrespectful as hell, but not a crime. In the case of the politician, I think a case for fraud can be made. He was using his false claim to the medal of valor as part of his campaign. If elected, I assume he would draw a salary of some sort. That's fraud in my book.

 

[Bill Mattocks]

I haven't read the opinion yet. I can see the 1st Amendment argument. I think there is a way around it, though. Fraud charges. If you simply are claiming veteran status or to hold any medal -- there's not much that can be done. It's kind of like wearing NYPD, FBI, CHP or some other police stuff; not a crime in and of itself. It is to present yourself as a cop and try to gain some sort of benefit from that stuff. But if you get any benefit from it, you're into fraud territory.

That is in fact the situation. Acts of fraud do not depend on how they are committed, they are illegal because they are fraudulent and someone suffers a monetary loss as a result. Saying "I won the Medal of Honor" does not defraud anyone. Listing it on an a resume and touring the country earning fees for speaking about earning the MoH does defraud people. The latter has always been prosecutable and still is.