Today, a Federal judge in Denver ruled that the law known as the Stolen Valor Act is unconstitutional and violates the First Amendment. U.S. District Judge Robert Blackburn dismissed a case against a man claiming he was an former Marine who was wounded in Iraq and received the Purple Heart and the Silver Star because the law violated the man’s right to free speech.
To say that I find this judge’s interpretation of the law offensive is putting it lightly. Apparently, the law is “fatally flawed” because it doesn’t require prosecutors to show anyone was harmed or defamed by the lie. The problem I have with this ruling is that every lie is intended to gain an advantage that one wouldn’t normally have by telling the truth. Telling a girl (or a guy) in a bar that you are a war veteran and have a war wound you’d like to show her back in your apartment is substantially different from a man claiming a false identity as a wounded combat vet and raising money using that identify. The Stolen Valor Act correctly addresses the latter and not the former.
The harm the Stolen Valor Act defends against isn’t against an individual harm, but rather against a society harm as a whole. The people who serve in the Armed Forces don’t do brave things for medals, but medals recognize the brave things these people do. When others are permitted to improperly reflect in the glory of these heroes without punishment, censure or consequences, we are all diminished. (“When everyone is special, no one is.”)
This ruling is very personal for me as I wrote here. I’m just disturbed that I can see the harm in this fraud. Why couldn’t the judge? The Denver Post story is here.
Does this mean I can get around telling any one and every one I am a Judge of The High Court, and not be prosocuted? WOW, what a scam!
Does this mean I can get around telling any one and every one I am a Judge of The High Court, and not be prosocuted? WOW, what a scam!
Thank you so much for your well written opinion. In 1964 the Supreme Court ruled that knowingly making false statements IS NOT protected by the First Amendment. This is why the Federal Court in California ruled that the Stolen Valor Act is Constitutional. That decision is being appealed by the defendant and is waiting a hearing in the 9th Circuit Court. It is a shame that I had to write the paper that led to this law. It is a shame that ethics and morality isn’t common place. But unfortunately there are a lot of people that will take someone else’s glory and honor and use it for their own gain. I expect this to be settled in the U.S. Supreme Court. Pamla Sterner