US appeals court panel: Law against faking receipt of military medals is unconstituti

Discussion in 'The Club House' started by opaww, Aug 18, 2010.

  1. opaww

    opaww New Member

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    FOXNews.com - US appeals court panel: Law against faking receipt of military medals is unconstitutional

    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.

    The dissenting justice insisted that the majority refused to follow clear Supreme Court precedent that false statements of fact are not entitled to First Amendment protection.


    Dozens of people have been arrested under the law at a time when veterans coming home from wars in Afghanistan and Iraq are being embraced as heroes. Many of the cases involve men who simply got caught living a lie without profiting from it. Almost all the impostors have been ordered to perform community service.

    The U.S. Attorney's Office in Los Angeles said it was deciding whether to appeal Tuesday's ruling.
     
  2. freefall

    freefall New Member

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    So does that mean it's cool to go into business manufacturing fake medals to sell to the poseurs? Anybody want a Nobel Peace Prize for $19.95? As seen on Al Gore, Barak Obama, Yassir Arafat, and other benefactors of mankind!
     

  3. dunerunner

    dunerunner New Member

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    I hope this is overturned in a higher court.
     
  4. CA357

    CA357 New Member Supporter

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    That's bullsh!t.
     
  5. c3shooter

    c3shooter Administrator Staff Member

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    Suggest that the poseurs wear their medals in public. Any Saturday nite on Hayes Street in Fayetteville NC would be a good start. :cool:


    Pleae note that there would BE no appeals.
     
  6. danf_fl

    danf_fl Retired Supporter

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    And this is the crap that I, as a veteran, served to protect.

    Talk about a slap to the face.
     
  7. JoeFromSidney

    JoeFromSidney New Member

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    Judges and the law

    Makes you wonder how some people ever got through law school. Just no common sense.
     
  8. doctherock

    doctherock New Member

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    Raising the BS flag on this one. I served my time and busted my *** for my medals, dont need posers fakin it. Guess ya just have to ask to see their DD214.
     
  9. IGETEVEN

    IGETEVEN New Member

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    Indeed!!

    I HATE POSERS! :mad:

    Worthless, lazy, low self esteem, dishonoring, disrespectful, riding tailcoats, lying, pieces of sh!t!!! :mad:

    [​IMG]
     
  10. pandamonium

    pandamonium New Member

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    I would like to hear the other two judges explain why they felt they shouldn't follow Supreme Court precedence.:mad:
     
  11. Yunus

    Yunus New Member

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  12. canebrake

    canebrake New Member

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    I'll be brief;

    First, isn't the 9th District Court the one that will soon hear the Arizona appeal? Oh great.

    Second, faking receipt of military medals is called "Stolen Valor" and IMHO, treasonous!
     
  13. c3shooter

    c3shooter Administrator Staff Member

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    Well, since this is about Freedom of Speech, I wonder how well it would play for me to show up in their courtroom, wearing a black robe, and insist on questioning the parties to a trial- during the trial. Right after I change out of my scrubs from down at the operating room, but before I put on my cassock, and go spend my time hearing confession down at the cathedral. :rolleyes:
     
  14. Yunus

    Yunus New Member

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    That would be pretty good. You should get a black robe and stand on the steps of the courthouse claiming that you are a member of the 9th circuit court and talk to the media. I mean really, how many people in america know what members of the 9th circuit court actually look like.

    Oh just realized your in Richmond. You could become the newest member of the SCOTUS.
     
  15. dunerunner

    dunerunner New Member

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    That would be impersonation and a crime.

    Best not to wear the robes and just make the statement in civilian clothes. No visual support that you are who you say you are, just your lie.
     
  16. danf_fl

    danf_fl Retired Supporter

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    I say....
    If posers claim they received the military awards, then let them be judged in court (or military courts martial would be better) and accept the punishment.