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Thread: Stolen Valor Act to go to SCOTUS

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    Democratic Warrior Christine's Avatar
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    Stolen Valor Act to go to SCOTUS

    DENVER — The Justice Department is battling to save a federal law that makes it illegal to lie about being a war hero.
    A federal appeals court in California and a federal district court in Denver have both ruled the Stolen Valor Act is unconstitutional under the First Amendment, which protects freedom of speech.
    Government lawyers in California have asked the appeals court to reconsider its ruling. Prosecutors in Colorado say they also will file an appeal.
    The law makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal.


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    It needs to stand and it needs to be prosecuted.
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    Kickin' Ass Xena's Avatar
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    It's not a matter of free speech. It's a matter of fraud.
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    DemocraticWarrior Battle Lord Icky's Avatar
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    Wonder what AceBass' thoughts are on this?
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    Click here to enlargeIf you could reason with religious people there'd be no religious people. -House
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    Democratic Warrior dr.strangelove's Avatar
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    Click here to enlarge Originally Posted by Christine Click here to enlarge
    DENVER — The Justice Department is battling to save a federal law that makes it illegal to lie about being a war hero.
    A federal appeals court in California and a federal district court in Denver have both ruled the Stolen Valor Act is unconstitutional under the First Amendment, which protects freedom of speech.
    Government lawyers in California have asked the appeals court to reconsider its ruling. Prosecutors in Colorado say they also will file an appeal.
    The law makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal.


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    It needs to stand and it needs to be prosecuted.
    Its an interesting issue to me. Does the person have to make a claim for some kind of benefit? If not, I don't get why lying itself should be a crime. I understand why I would not like someone who I caught in this lie. But if its just a lie, not someone seeking vet benefits like healthcare, I'm not sure I want it to be a crime to lie. Its disgusting sure, but should someone go to jail for this. I don;t think so. Anyone who would lie about being in the military is probably a jerk, but a criminal, I don;t think so. I don;t know the law, so I can;t give a legal opinion on it, but from my gut, unless someone is trying to defraud someone, I just don't see why we need to waste the criminal court's time with this.
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    Roastin' NeoCon Nuts 101Scout's Avatar
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    I stand behind this measure that makes lying about one's military service punishable. As I have stated before, it's these kinds of lies that gains innocent ppl's confidence in a person who says that they served in the military and or what they did while in the service. It's the same with civilians trusting cops who wears the uniform. Civilians who also trust the military uniform. The uniform wearer who has taken the oath to serve and defend this country. The uniform wearer who is registered as honorable because of their service record. That's a line that can't be fucking crossed by a bunch of lying ass pretenders!!

    Fuck a bunch of free speech bullshit at this level. I remember a time when I was young and sure the hell got into a lot of trouble for lying .... or even thinking about lying. That would have gotten my face slapped off or my ass beaten. How many fucking times politicians and Corp pigs lies to Congress and walks free?? Beaucoup, that's how many times! That's why our society is rotting to shit right before our eyes. LIES! If there isn't any kind of honorable standard to hold ourselves to, then we are truly fucked as a society ... in which I feel that's just where we are now-a-days. I'd like to see some real justice served so we can start holding our heads a little higher again. I'm not holding my breath tho.

    I do, however, appreciate the DoJ taking a stand on this measure. It's not often I say any good things about the DoJ anymore ... but this time ... they get a fully extended thumbs up.
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    Democratic Warrior dr.strangelove's Avatar
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    Click here to enlarge Originally Posted by 101Scout Click here to enlarge
    Fuck a bunch of free speech bullshit at this level.
    I can't under any circumstance take a position against free speech, but I'm not sure that free speech is the issue here. If a person is trying to commit a fraud, like obtain a benefit, then I think they are already in violation of the law, so regardless of what they are lying about, its still lying to steal, so its fraud and criminal. If you are talking about just someone lying to make themselves seem more likable, than I don;t agree. I feel differently about someone doing so to get a job, but then its more of the fraud thing. So if you put on a resume that you served and did not, or put it in a voters guide and you did not serve, to me thats fraud. Why should it matter if you lied about going to med school or being in the army if you are applying to be a doctor at a hospital. The lie itself is fraud and you should be fired and prosecuted.

    That said, a guy in a bar trying to pick up a girl and he says he is a soldier going off to war tomorrow and wants the one last fling, while he is scum, I'm sure I don't support a criminal sentence for this guy. Lots of guys in NYC pretend to be firemen to get girls. Its disgusting and an insult to the brave men who do run into burning buildings, but its not criminal. to me its about the benefit side. Are you stealing the public's money, are you getting a job you would not otherwise get, well thats easy. But are you doing it so your neighbor will lend you his lawnmower or so the girl will go home with you, its in bad taste, but its not criminal.
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    61st Democratic Senator webhead's Avatar
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    Jonathan Turley, a professor at George Washington University Law School, said the Stolen Valor Act answers no real legal need but was written for political reasons, so lawmakers could show they are on the side of real heroes by punishing impostors.

    "There's already a considerable deterrent for people who are engaged in this kind of conduct," he said. "Many of these people are charged with fraud. If someone is only wearing medals without seeking any form of gain, it becomes highly questionable."

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