Did you know I once won the Congressional Medal of Honor?

[KansDem]

Yeah, really...!!!

Appeals court: Stolen Valor Act unconstitutional
(AP) – 15 hours ago

PASADENA, Calif. — A federal appeals court panel in California says people have a right to lie about receiving military medals.

The Tuesday ruling involves the case of Xavier Alvarez, who falsely claimed in 2007 to have won a Congressional Medal of Honor. He was charged with violating the federal Stolen Valor Act, which makes it a crime to falsely claim to have won a military medal.

Alvarez challenged the law on appeal as a violation of his free-speech rights.

A panel of the 9th U.S. Circuit Court of Appeals sided with him in a 2-1 decision. 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 U.S. Attorney's Office in Los Angeles is deciding whether to appeal the ruling.

Google News

More on this story...

Defense attorneys say the law is problematic in the way it does not require the lie to be part of a scheme for gain. Turley said someone lying about having a medal to profit financially should instead be charged with fraud.

One of the men challenging the law is Xavier Alvarez of Pomona, Calif. He had just been elected to a water-district board in 2007 when he said at a public meeting that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration.

His claim aroused suspicion, and he was indicted in 2007. Alvarez, who apparently never served in the military, pleaded guilty on condition that he be allowed to appeal on the First Amendment question. He was sentenced to more than 400 hours of community service at a veterans hospital and fined $5,000. The case is now before a federal appeals court.

--more--
First Amendment Center

...so who wants to buy me a beer? :beer:

[sinkingfeeling]

1. That ruling certainly sucks.

[Tierra_y_Libertad]

2. Nothing like padding your resume a little.

[The_Casual_Observer]

3. Yeah, me too, it's all good.

[BeFree]

4. There is no law against lying

It's the bushco mantra.

[KansDem]

7. I wonder if he made this claim before he was elected...

...if he'd be committing fraud, or at least misrepresentation.

But it seems after the election, it's lying.

However, if his superiors promoted him based on his past performance, then perhaps a case could be made for misrepresentation if they were impressed with his "Medal of Honor" status...

:shrug:

I guess it depends on whether or not you benefited from such a lie...

[BeFree]

11. It does

If he gained $$ as a direct result of the lie, then, as the article mentioned, he could be accused of fraud.

[slackmaster]

9. It's not even considered a sin in the Judeo-Christian religions, except for one special case

Bearing false witness.

[xchrom]

5. I was Superman once and saved Metropolis!

These liars are just nuts - and seeking a depth of approval
That is bizarre.

[Vickers]

6. I have one with two devices. n/t

[slackmaster]

8. I'm the King of France

Pleased to meet you. Gabba gabba.

:hi:

[HiFructosePronSyrup]

10. I am upset about this ruling.

[arbusto_baboso]

12. That's just great. Now do people know why I seldom talk about my decorations?

Most don't care, and many of those who do will assume I'm lying anyway.

I think I'm going to change my avatar now, too.

[joeybee12]

13. Gee, wish I had such a medal...I'd display it next to my Pulitzer!

On second thought...maybe next to my Oscar.

:evilgrin:

[fishwax]

14. sounds right to me

I'm all for prosecuting fraud, but lying isn't against the law ...

[seattleblue]

15. We have all sorts of laws against lying.

It is against the law to lie in court, to give false answers to federal enforcement officials, most states have laws against lying to state and local law enforcement people, it is against the law for companies to give false representations of their condition to shareholders, etc.

[fishwax]

16. right, and those are all covered by other laws

perjury, obstruction of justice, fraud, etc. But simply lying isn't (and shouldn't be) against the law.

[gratuitous]

17. Who cares?

I should be as upset about somebody claiming to have won a Peabody Award when he hadn't. Whoever the bragger is trying to impress, it isn't me, and I'm afraid I don't hold a very high opinion of people who are impressed by such claims.

Now, if someone who hadn't earned it was wearing a red CPT cap . . .

[Billy Burnett]

18. The courts ruled that the nooz media can lie, so why not everyone?

Jane Akre vs Fox news
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6621412

[KansDem]

20. I remember that case...

How bizarre that a entity, whose soul purpose is to report "the news" a.k.a., "the facts," can lie. One would think they were guilty of misrepresentation, at least.

It's not like a news program can do what a fictional TV show can do: when we watch a TV show, we know we are watching non-fictional stories that are written to entertain us. But for a "news program" to do the same is outrageous.

[Throd]

19. I invented helium.

[Capitalocracy]

21. I got one too

but I gave it away to charity, along with my Nobel.