Court: Lying about Medal of Honor is no Crime

[RamboLiberal]

Source: San Francisco Chronicle


A federal law making it a crime to lie about receiving the Medal of Honor or other military decorations violates freedom of speech, a federal appeals court ruled Tuesday.

Although a Southern California water board member convicted of violating the Stolen Valor Act made "deliberate and despicable" claims that he had won the Medal of Honor, the Constitution prohibits the government from prosecuting someone for merely lying, the Ninth U.S. Circuit Court of Appeals in San Francisco said in a 2-1 ruling.

"The right to speak and write whatever one chooses - including, to some degree, worthless, offensive and demonstrable untruths - without cowering in fear of a powerful government is, in our view, an essential component of the protection afforded by the First Amendment," Judge Milan Smith said in the majority opinion.

If lying about a medal can be classified as a crime, Smith said, so can lying about one's age, misrepresenting one's financial status on Facebook, or telling one's mother falsehoods about drinking, smoking or sex.




Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/17/BA541EVG92.DTL&tsp=1#ixzz0wvPnulXk

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IMHO court is correct though lying about medals or service is reprehensible, but not a crime.

[Indydem]

1. This confuses me...

If it is not a crime to lie and is classified as protected speech, then why is it a prosecutable offense to lie to the FBI while not under oath? Blago and Martha Stewart both got convicted on that and I have always felt it's your right to tell authorities whatever you damn well please. If you committed a crime, then it is their job to prove it.

[varkam]

3. As far as I understand it...

lying to a federal investigator is basically preventing them from running a federal government (which they have explicit and express power to do) - at least in theory. In practice, it's a charge that US attorneys can pile on as pretty everyone they try is going to deny committing the crime that they're charged with.

I digress. So as much as lying to the feds impedes their ability to govern (at least in theory), lying about having a medal of honor erects no such hindrance.

[WheelWalker]

4. Not exactly....it is one's right

to keep one's fucking mouth shut.

[The Backlash Cometh]

20. Depends on the lie.

Some lies constitute fraud.

[varkam]

2. Lol @ Bybee's dissent

Honestly, I think Bybee does more to dishonor our service men and women than Mr. Alvarez. His opinions would be a lot more funny if he weren't an actual judge.

[Chulanowa]

5. It's not a crime until you use it for fraud

[Confusious]

6. Just make having one without authorization a crime

You can't sell it or loan it to anyone. Reproductions would be illegal also.

Immediate family, would of course, be able to keep it after the 'winner' passes.

You could still tell people you have one, but when you could never produce, people would figure out you're full of shit.

[pinboy3niner]

8. Federal law makes it a crime to produce, wear or distribute it without authorization

Wiki summarizes:

All Medals of Honor are issued in the original only, by the Department of Defense, to a recipient. Misuse of the medal, including unauthorized manufacture or wear, is punishable by a fine up to $100,000 and imprisonment up to one year pursuant to 18 U.S.C. § 704(b). After the Army redesigned its medal in 1903, a patent was issued (USD37,236 (PDF version) (1904-11-22) United States Army, United States Medal of Honor. ) to legally prevent others from making the medal. When the patent expired, the Federal government enacted a law making it illegal to produce, wear, or distribute the Medal of Honor without proper authority. A number of veterans' organizations and private companies devote themselves to exposing those who falsely claim to have received the Medal of Honor.<48>

http://en.wikipedia.org/wiki/Medal_of_Honor#Legal_protection

[Confusious]

13. I kind of figured

I'm a little rusty on my medal rules.

Maybe they should include most of the higher level medals in that rule, I.e. Silver star, bronze star, etc

[Confusious]

14. Dupe

[JI7]

7. isn't this something people can easily find out if it's truth or lie ?

[Axle_techie]

10. yep, a quick google search

yields this http://www.cmohs.org/recipient-archive.php

[pinboy3niner]

11. Yes. An internet search will quickly turn up a list of all recipients...

...since the Medal was created in 1862.

[Axle_techie]

9. Military personnel don't seem to have freedom of speech

so shouldn't this apply to a person who claims he is or was military? Even after you get out, there are some things you can get busted for talking about.

I guess I really gotta agree with the OP, though. Lying about receiving an honor that is supposed to be reserved for a noble act of extreme selflessness is despicable, albeit ironic, but not a crime.

So does this mean I can tell people I am a police officer so I can get more respect? I won't use it for fraud, I just am to pitiful to do anything worthy of others respect and I need something to do it for me...

[JustABozoOnThisBus]

17. You can say you're a police officer if your motive is pure

like, say, you're trying to impress some chick at a bar in an effort to get laid.

If, however, you say you're a cop because you want a free doughnut at the coffee shop, well that's just fraudulent and wrong.

See?

:hi:

[Downwinder]

12. Joe McCarthy is exonerated. n/t

[proteus_lives]

15. "though lying about medals or service is reprehensible, but not a crime."

I agree.

I also agree that the liar would deserve any beat-downs they receive from an Armed Forces member.

[Ian David]

16. This diminishes the value of the forty Medals of Honor that *I* have won.

If you don't believe me, just ask my wife... Morgan Fairchild.... who I've seen naked.

Yeah, that's the ticket.

[Doctor_J]

18. In that case, let me say that

I have a CMoH, Flying Cross, Olympic Gold Medal, Medal Of Freedom, and recent hummer from Norah Jones.

[Javaman]

19. Don't forget your Nobel Prize and Grammy Award!

I'm more of the oscar and peabody award type. ;) lol

[davepc]

21. The problem isint some braggart in a bar, its professionals who use phony stories to reap benifits

There should be some protection against con-men who use phony military awards claims to swindle people who don't otherwise know the truth.

[semillama]

22. Not a crime. But definitely a dick move! n/t

[Tansy_Gold]

23. Oh, come on. Lying about WMDs is no crime either. Free Speech, and all that.

:sarcasm::sarcasm::sarcasm::sarcasm::sarcasm::sarcasm::sarcasm::sarcasm::sarcasm::sarcasm:

[Major Hogwash]

24. There is no honor in lying about having medals of valor. Shit on real veterans again!!!

The men and women of our military service branches certainly would not agree with this lamebrain decision.
Talk about a ridiculous fucking conclusion.

What the hell do those judges think fraud is??