Posts Tagged ‘military medal’
New bill, drawn up in response to Supreme Court ruling, would outlaw profiting from false claims about military honors.
Panel takes note of high court’s Stolen Valor ruling but says law at issue in its case prohibits ‘conduct that has an expressive element’ and not pure speech.
News items about fraud indictments and a Pentagon website suggest there’s no need to rewrite the Stolen Valor Act, which the Supreme Court struck down.
The Supreme Court’s six First Amendment-related rulings followed a well-established pattern, including wins, losses and a ‘no-decision.’
Meanwhile, Pentagon plans to establish a searchable database of valor awards, hoping for a technological fix to the problem of falsely claimed military honors.
One Medal of Honor recipient says Supreme Court protected the freedoms he fought for by tossing out law that made it a crime to lie about having earned military honors, but others call the ruling a slap in the face.
Justice may have reached same conclusion as majority — finding that Stolen Valor Act is unconstitutional — but how he did so is troubling.
First Amendment Center’s Ken Paulson and David L. Hudson Jr. discuss the U.S. Supreme Court ruling in United States v. Alvarez, which struck down the Stolen Valor Act.
Those who would dilute the value of military honors can be outed in public with no sacrifice of free speech.
In opinion striking down Stolen Valor Act, justice notes principle that the government should counter false, bad speech with true, good speech.
If Congress wants to punish false military claims, it need only redraft the law to include requirement of defrauding for personal gain.
Justices vote 6-3 in favor of Xavier Alvarez, a former local elected official in California who falsely claimed he was a decorated war veteran.
Government defender of law against lying about earning military medals seems to succeed in portraying it as narrow, as opposing counsel concedes act does not ‘necessarily chill any truthful speech.’
Some justices said they worried that upholding Stolen Valor Act could lead to laws that might make it illegal to lie about an extramarital affair or a college degree.
How the justices might vote in United States v. Alvarez, concerning lying about military medals, is tough to predict, but here’s a look at some factors that could emerge in oral arguments Feb. 22.