Stolen Valor Conviction Overturned by 9th Circuit Court

[WildBill]

A federal appeals court on Monday tossed out a veteran's conviction for wearing military
medals he didn't earn, saying it was a form of free speech protected by the Constitution.

A specially convened 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled that
the First Amendment allows people to wear unearned military honors.

http://news.yahoo.com/us-court-wearing- ... 00654.html

[howdy]

This is the California Court. I would expect this from them.

[dhoobler]

Let us hope that the prosecution appeals.

[Javier730]

We shouldn't be arresting these stolen valor guys. Its funny to see them get called out on it on YouTube.

[DevilDawg]

We shouldn't be arresting these stolen valor guys. Its funny to see them get called out on it on YouTube.

I have to disagree for a couple reasons. It belittles the honorable service done by those who have stepped up in our all volunteer forces. It says that it is ok to live your life in pretend and there are no repercussions. Here's a trophy for showing up.

Also by not using the justice system, but mob rules we are culpable in encouraging violence for clicks on fellow citizens. People verbally and physically attacking people when they are subject matter experts themselves. We all heard about a case where some Fobbit(s) attacked another veteran simply because they weren't in the know enough themselves to comprehend.

We are better as a people than this, and to do otherwise only encourages stupid people to stay that way.

[baldeagle]

I'll bet if I wore a robe and claimed I was an Appeals Court justice they'd arrest me.

[RoyGBiv]

It's wrong, morally and ethically. But it's not criminal.
if I was going to put limits on free speech, I'd toss Whoopie Goldberg in jail first.

[baldeagle]

It's wrong, morally and ethically. But it's not criminal.
if I was going to put limits on free speech, I'd toss Whoopie Goldberg in jail first.

Is it a limit on free speech to impersonate an officer? To impersonate a police officer? To impersonate a public official? If not, why is this free speech? It's called fraud, and there are laws against it. Only when it comes to veterans to we cry free speech.

[RoyGBiv]

It's wrong, morally and ethically. But it's not criminal.
if I was going to put limits on free speech, I'd toss Whoopie Goldberg in jail first.

Is it a limit on free speech to impersonate an officer? To impersonate a police officer? To impersonate a public official? If not, why is this free speech? It's called fraud, and there are laws against it. Only when it comes to veterans to we cry free speech.

It rises to fraud if you try to gain some benefit from it... It's not illegal to dress up as a LEO and go to a Halloween party. It's illegal when you dress up as a LEO and pull over a motorist. It should be illegal for someone who didn't earn a Purple Heart to put a PH license plate on their car... because they did not earn the free tag, not because they falsely claimed to have earned the PH.

IMO. YMMV.

[Vol Texan]

It's wrong, morally and ethically. But it's not criminal.
if I was going to put limits on free speech, I'd toss Whoopie Goldberg in jail first.

Is it a limit on free speech to impersonate an officer? To impersonate a police officer? To impersonate a public official? If not, why is this free speech? It's called fraud, and there are laws against it. Only when it comes to veterans to we cry free speech.

It rises to fraud if you try to gain some benefit from it... It's not illegal to dress up as a LEO and go to a Halloween party. It's illegal when you dress up as a LEO and pull over a motorist. It should be illegal for someone who didn't earn a Purple Heart to put a PH license plate on their car... because they did not earn the free tag, not because they falsely claimed to have earned the PH.

IMO. YMMV.

I'm with RoyGBiv on this one. Just because something is in poor taste, that does not mean it should be illegal. If some dude just pins on a medal, then yes, it is insulting to all those who actually earned it, but I don't personally believe he should face legal ramifications for it. Now, if he uses that medal to gain financially (PH license plate is a good example), then there should be some penalty for that.

[mojo84]

As despicable as it is, I am not sure it should be illegal. Once the person derives financial benefit from the despicable act, then it becomes fraud in my mind. In other words, as long as he only receives accolades, I do not believe it is a crime. If he applies for or receives any kind of monetary benefit tied to the falsely claimed valor, I believe it becomes a crime.

[Pawpaw]

Like many others on this board, I am a veteran. I agree with everyone who said it should not be illegal unless the person gains from it - and then only because it becomes fraud.

Does it tick me off? Of course! But unlike the libtards, I do not believe everything that ticks me off should be illegal.

The right to free speech is the only one of our enumerated rights that the framers listed ahead of the right to keep & bear arms. There is a very good reason for that... Without the 1st Amendment, the 2nd becomes irrelevant. I don't want free speech limited any more than is absolutely necessary, period.

Ridicule and humiliate the person, yes. He earned that much. Throw him in jail, no.

[G26ster]

It should be illegal for someone who didn't earn a Purple Heart to put a PH license plate on their car... because they did not earn the free tag, not because they falsely claimed to have earned the PH.

IMO. YMMV.

I believe it would take an already illegal act to put Purple Heart or other specific medal plates on your car. In order to receive the plates, you have to submit "proof" in the form of a DD214 or other official gov't document. Falsifying such documents I believe is already a crime.

[Charles L. Cotton]

As despicable as it is, I am not sure it should be illegal. Once the person derives financial benefit from the despicable act, then it becomes fraud in my mind. In other words, as long as he only receives accolades, I do not believe it is a crime. If he applies for or receives any kind of monetary benefit tied to the falsely claimed valor, I believe it becomes a crime.

I agree. Everyone must remember that the First Amendment protects unpopular speech because what is popular and accepted doesn't need protection. No, I'm not saying the First is limited to what is distasteful. I'm saying we can't limit it to speech we like.

Chas.

[Javier730]

It's wrong, morally and ethically. But it's not criminal.
if I was going to put limits on free speech, I'd toss Whoopie Goldberg in jail first.

Is it a limit on free speech to impersonate an officer? To impersonate a police officer? To impersonate a public official? If not, why is this free speech? It's called fraud, and there are laws against it. Only when it comes to veterans to we cry free speech.

My son breaks the law everyday then. He wants to be a LEO and dresses like one all the time.