Stolen Valor Act Unconstitutional

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Stolen Valor Act Unconstitutional

Postby tomfen » Thu Mar 24, 2011 8:32 pm

Somethings wrong here..................

PASADENA, Calif. (AP) — A federal appeals court on Monday upheld an earlier ruling by three of its members that a law making it illegal to lie about being a military hero violates free speech.

The 9th U.S. Circuit Court of Appeals decision strikes down the so-called Stolen Valor Act passed by Congress in 2006.

It also vacates a judgment and fines leveled against Xavier Alvarez, of Pomona, Calif., a water district board member who said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation’s highest military decoration. Alvarez had never served in Marines or in any other branch of the armed forces, according to the court ruling.

Alvarez was indicted in 2007. He pleaded guilty on condition that he would be allowed to appeal on First Amendment grounds. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000.

Making lies of that sort would implicate “the JDater who falsely claims he’s Jewish or the dentist who assures you it won’t hurt a bit,” Chief Judge Alex Kozinski wrote. “Phrases such as ‘I’m working late tonight, hunny,’ ‘I got stuck in traffic’ and ‘I didn’t inhale’ could all be made into crimes,” Kozinski wrote in denying a full-court re-hearing of the case.

The Stolen Valor Act revised and toughened a law that forbids anyone to wear a military medal that wasn’t earned.

Dozens of people have been arrested under the law at a time when veterans coming home from wars in Afghanistan and Iraq are being embraced as heroes. Many of the cases involve men who simply got caught living a lie without profiting from it. Almost all the impostors have been ordered to perform community service.

Seven of the court’s 26 active judges disagreed, signing a dissent from the decision not to rehear the Alvarez case, the first in which someone was charged and convicted under the challenged act, the court said.

U.S. Justice Department spokesman Dean Boyd declined to comment on whether government lawyers will appeal the decision.
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Re: Stolen Valor Act Unconstitutional

Postby AK48 » Mon Mar 28, 2011 9:23 pm

Well Tom, Since everyone on this site seeeems to have larryngitis I will tell you that court decision sucks. I hope you have a good turnout for your reunion. Fox Cmpany helped my platoon out in a big way late August, 1968. Small LZ NW of the Rockpile. Shot-down CH-46. I was glad when you guys showed up. The rest of Echo landed too far away to help us. Thanks, Allyn Kahoe, 2nd Platoon, ECHO.
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Re: Stolen Valor Act Unconstitutional

Postby phillipfco » Tue Mar 29, 2011 10:16 am

Allyn, you are right. Everyone has disappeared from this board lately. Hopefully they will return soon. And, you are very
welcome, glad we could be of help. I am sure that you helped us as well. And, yes, I am looking forward to the reunion, and I am
sure that Tom is as well. Not to mention all of the other guys. Semper Fi, Marine.
Phil Franklin, Fox 2/9
Phil Franklin
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Re: Stolen Valor Act Unconstitutional

Postby John Foster » Tue Mar 29, 2011 12:36 pm

I normally don't bud into another company's posts but if Allyn can do it, so can I. Afterall, we did bump elbows a time or two. And if I lived closer to your reunion site, I would crash it too.
I don't understand these rulings. So a poser is protected under the 1st amendment ?? What would be the difference if I were to carry a badge and tell people I am a police officer.
They would lock my ass up in a heart beat.
John Foster on point
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Re: Stolen Valor Act Unconstitutional

Postby tomfen » Tue Mar 29, 2011 8:01 pm

Allyn,
I agree that the solen valor decision is b/s. Now all those freaken Jodie's have license to strut their stuff. Liars, wannabes.
I'm sure we've all met our share. Regardless, we all should continue to expose these phoney s-o-b's every chance we get. We can still inflict shame if not pain.

Regarding the 'reactionary' trip that Fox Co made in August: I remember it well. Fortunately, we were able to provide some security. To my knowledge there were no friendly casulties. It would have been easier if the chopper went down on top of one of those hills instead of in the valley.
I log on to this site almost every day and look forward to reading any post. I too would have commented on the lack of participation but could not spell larryingitis. Maybe I could have used carpel-tunnel syndrome instead.

John,
I would welcome any and all crashers. After all, we share a bond that few will ever experience. Just bring some Buffalo Trace.

Phil,
I hear from a few Fox Co Marines that they too are looking forward to seeing squad members for the first time in 42-43 years. I'm also looking forward to visiting the USMC Museum. You might as well bring some Buffalo Trace too.

Semper Fi,
Tom F, Fox, 67-68
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Re: Stolen Valor Act Unconstitutional

Postby John Foster » Thu Mar 31, 2011 4:42 pm

No problem Bro. I speak Buffalo.
The War Department and I are taking a long road trip on the 1st of June. Not my first but it will be her first. From Calif to Florida to Maine and zig-zagging our way back home. Got an invite to Alpha 1/7 reunion in Biloxi. On to Orlando, up to Savannah, Ga, Myrtle Beach and the the USMC Museum. on to Philly and then to Maine. I'll be hooking up with some 2/9ers in New Hampshire (Jerry, the Beeman) and Jack Hartzel, Echo Co. machinegunner (1st plt).
If we are passing thru your neighborhood, raise the flag.
John Foster on point
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