After the U.S. Supreme Court struck down the 2006 Stolen Valor Act this past June, Congress, to their credit, decided to try again this time incorporating the recommendations of the Court.
In June, the high court said in essence, “… that while lying about receiving military awards might be contemptible, it is protected by the First Amendment free speech rights.” However, several justices noted that it was established that the government could restrict speech if it involved false claims made to obtain money or other benefits. The new bill coming from the House attempts to get around the court ruling by making it clear that it only applies to cases where people lied about a military record with the aim of obtaining payment or other benefits. The bill states that those who misrepresent their military service with the intent of receiving something of value would be subject to up to one year in prison. Following the lines of the court ruling it exempts from punishment those who simply wear military medals or decorations that do not belong to them.
These new restrictions are important because it not only includes the wearing medals for the purpose of fraud, but it also includes those who file for veteran benefits they do not rate. Back in June of 2010, I detailed on this blog why I thought the then current Stolen Valor Act was constitutional. The bottom line, to me, is that those who violate this act are intent on committing fraud. However, the 2006 law was not explicit enough to say that. The new one will be. As I have said before, the people who serve in the armed forces don’t do brave things for medals, but medals recognize the brave things these people do. I’m glad to see an attempt on the part of Congress to correct this law.
The legislation has moved to the Senate where Senator Scott Brown of Massachusetts has introduced a companion bill. I’ll be following the trail of this bill as it makes its way through Congress and hopefully to President Obama desk for signature before the end of calendar year.
