The 10th US Circuit Court of Appeals ruled Friday that the Stolen Valor Act IS constitutional.

The SVA criminalized the act of falsely claiming to have received a military medal and imposes a six-month prison sentence, or a 1-year sentence for falsely claiming to have received the Medal of Honor.

Ist Amendment advocates had derided the SVA as an infringement on free speech; the 10th USCCA addressed the issue specifically.

"...knowingly false factual statements are not intrinsically protected under the First Amendment. Knowingly false statements, in contrast even to incendiary ideas, are no part of the ‘the common quest for truth and the vitality of society as a whole.’ Just because controversial ideas and opinions merit constitutional protection does not mean false facts deserve the same immunity.”

The court further stated that there was no danger of the law suppress free speech because the SVA only criminalizes knowing misstatements of fact and does not criminalize political speech, criticism, or parody.

www.tjcenter.org . . .

"...knowingly false factual statements are not intrinsically protected under the First Amendment. Knowingly false statements, in contrast even to incendiary ideas, are no part of the ‘the common quest for truth and the vitality of society as a whole.’ Just because controversial ideas and opinions merit constitutional protection does not mean false facts deserve the same immunity.”

Common quest for truth and the vitality of society as a whole???


I bet the Supreme Court differs.

Anyone who lies about military service should be brought to a combat zone and dropped into the action...


Had enough of "Nigger Government"? Its going to get worse before it gets better.... Buy ammo

If I WAS in WW2 fighting for the Germans I would have gotten the Iron Cross

SIEG HEIL

I'm as much an advocate of the First Amendment as any FuckFrancer, but I've always found this law perfectly acceptable. Just like laws that don't allow people to demand the assassination of our president.
(Jer, am I becoming French? Au secours!)

WineandCoke wrote:

I'm as much an advocate of the First Amendment as any FuckFrancer, but I've always found this law perfectly acceptable. Just like laws that don't allow people to demand the assassination of our president.
(Jer, am I becoming French? Au secours!)

That ship left the harbor long ago W&C.

And it NOT like laws about calling for an action or speech to mobs, etc.

We gonna start arresting old vets drinking coffee at the local diner for embellishing their record?

Johnny gonna turn in grandpa for lying in his war stories?


Slippery slope if you ask me.

jerrylewissux wrote:

WineandCoke wrote:

I'm as much an advocate of the First Amendment as any FuckFrancer, but I've always found this law perfectly acceptable. Just like laws that don't allow people to demand the assassination of our president.
(Jer, am I becoming French? Au secours!)

That ship left the harbor long ago W&C.

And it NOT like laws about calling for an action or speech to mobs, etc.

We gonna start arresting old vets drinking coffee at the local diner for embellishing their record?

Johnny gonna turn in grandpa for lying in his war stories?


Slippery slope if you ask me.

Agreed. The interpretation is to loose. Most vets embellish and may even lie a bit about exactly what they were awarded. The only harm there is a simple lie. However, when somebody holds himself out to be an expert and gets paid, or is relied upon based on falsified military experiences, they should be held liable for their deeds. How about a guy who says he is an expert on survival and leads a group of people to their deaths? Lots of wiggle room here.

Lots of wiggle room here.
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Is there? You either got the Medal of Honor, or you didn't. You either got the Distinguished Flying Cross, or you didn't. I think that's all this law is about. Am I wrong?
This leaves you free to bullshit down at the VFW post or to your great-grandkids about how you and Patton singlehandledly beat Hitler.

My military records indicate that I have 12 awards or ribbons. Most are for the ships I was stationed on when the ship was involved in some sort of rescue or other completed mission. 4 are for me personally and are indicated on my DD 214 as is every service members when they are discharged...

WineandCoke Comments: 18389, member since Wed Apr 16, 2003
On Wed Feb 01, 2012 04:12 PM
Lots of wiggle room here.
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Is there? You either got the Medal of Honor, or you didn't. You either got the Distinguished Flying Cross, or you didn't. I think that's all this law is about. Am I wrong?
This leaves you free to bullshit down at the VFW post or to your great-grandkids about how you and Patton singlehandledly beat Hitler.

But if you say that Patton put the Medal of Honor around your neck which later got lost in the combat, your great-grandkid will rat you out and you will meat your male lover in jail.

Someone who lies about a military record is guilty of nothing more then being an asshole and deserves a proper thrashing, NOT a prison sentence. When that individual lies about a military record for some form of compensation theres already a law against it, its called fraud.