US court: Wearing unearned military medals is free speech
Source: Associated Press
US court: Wearing unearned military medals is free speech
By PAUL ELIAS
Jan. 11, 2016 6:11 PM EST
SAN FRANCISCO (AP) A federal appeals court on Monday tossed out a veteran's conviction for wearing military medals he didn't earn, saying it was a form of free speech protected by the Constitution.
A specially convened 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the First Amendment allows people to wear unearned military honors.
Elven Joe Swisher of Idaho was convicted in 2007 of violating the Stolen Valor Act, which made it a misdemeanor to falsely claim military accomplishments. President George W. Bush signed it into law in 2006, but the U.S. Supreme Court struck it down in 2012 as a violation of free speech protections.
Investigators looked into Swisher's military claims after he testified at the 2005 trial of a man charged with soliciting the murder of a federal judge. Swisher wore a Purple Heart on the witness stand.
Read more: http://bigstory.ap.org/article/6e68bbfe4ba04864b0a7e31a163dd424/us-court-wearing-unearned-military-medals-free-speech
Feeling the Bern
(3,839 posts)LisaL
(44,974 posts)Also free speech?
Feeling the Bern
(3,839 posts)Fake medical crap can kill someone.
Nice strawman.
LisaL
(44,974 posts)Would it just be o'key to walk around with false ID badge?
Feeling the Bern
(3,839 posts)Ask any underage kid in a bar when they get busted with a fake.
LisaL
(44,974 posts)Feeling the Bern
(3,839 posts)Elmer S. E. Dump
(5,751 posts)Xithras
(16,191 posts)You can put on an ID saying you're an MD and walk down the road with it, you can go shopping with it, and you can wear it to work. Heck, you probably could actually go to a hospital with it, without breaking the law.
But the moment you try to treat a patient, you're committing a crime. Not because you wore the ID, but because you are attempting to practice medicine illegally. The ID isn't the crime, but it would become evidence against you during your prosecution.
Similarly, you can buy and wear a soldiers uniform, tell people you fought in 10 wars, saved 300 lives, and earned the Purple Heart, Bronze Star, and were a Navy SEAL, and you're not breaking any laws. But the moment you try to walk onto a military base wearing that uniform, or you try to claim benefits from those false claims, you're committing a crime. Again, not because of your fake uniform or your statements, but because you're committing an act that would have been illegal whether you were wearing the uniform or not.
forest444
(5,902 posts)And who better to sign such a law, than Mr. Mission Accomplished himself.
Joe Bacon
(5,165 posts)Every time I see a picture of President Asshole in his flight suit, makes me sick.
GGJohn
(9,951 posts)If they can't be criminally charged, then they need to be called out each and every time and publicly shamed mercilessy.
Oh, did I mention that I fucking hate these stolen valor fuckwits?
TipTok
(2,474 posts)... that I would gain some satisfaction from that.
Disgusting...
zwyziec
(173 posts)if any asswipe can wear it to deceive everyone else?
Sunlei
(22,651 posts)Elmer S. E. Dump
(5,751 posts)hibbing
(10,110 posts)Mr Codpiece flightsuit himself.....interesting. I agree though, total dick move, but free speech.
Peace
Liberty Belle
(9,538 posts)Seems to me it should be illegal for anything other than maybe a Halloween costume. If you're seriously trying to pass yourself off as having won those medals, it shouldn't be allowed.
GGJohn
(9,951 posts)Medals aren't won, they're earned and awarded, otherwise, I generally agree with you.
dickthegrouch
(3,184 posts)Talk about lying in court.
A witness has sworn an oath to tell the truth the whole truth and nothing but the truth. Wearing an unearned medal violates at least two components of that oath. Throw his ass in jail for perjury.
marble falls
(57,355 posts)Nihil
(13,508 posts)In a play or a film? Fine.
Fancy dress party? Fine.
Any other scenario where the standard is to pretend to be someone/something else? Fine.
In the witness box for a trial? WTF? That is a most blatant attempt to deceive and influence.
branford
(4,462 posts)however that in no way means I approve of such disrespectful behavior. While the government cannot punish such conduct, the public may certainly shame, ignore, and castigate such unpleasant and dishonorable people.
Further, any attempts to gain benefit from the government or private sector by lying about an earned medal or other award still might be prosecuted as fraud and related civil and even criminal conduct.
tblue37
(65,502 posts)Deuce
(959 posts)roscoeroscoe
(1,370 posts)Great opportunity to separate free speech from false statements.
jtuck004
(15,882 posts)Lizzie Poppet
(10,164 posts)I loathe assholes like Swisher...but you have to err on the side of protecting the 1st Amendment when there's a conflict like this.
That said, if I were on the jury at the trial of a veteran who beat the shit out of a "stolen valor" jackass, I'd probably refuse to convict him/her. It would be wrong and I have no doubt I'd feel guilty...but I just might do it.
SoapBox
(18,791 posts)Fucking scumbag LIARS.
jtuck004
(15,882 posts)jonno99
(2,620 posts)crying to me when you get your @ss wupped...
Democat
(11,617 posts)Did they want to make those illegal as well?
JustABozoOnThisBus
(23,374 posts)Democat
(11,617 posts)This is a nation of laws.
marble falls
(57,355 posts)Democat
(11,617 posts)How is it different from a free speech standpoint.
One takes far more sacrifice to acquire, and I respect that, but who is harmed if someone dresses up as a soldier for fun?
Would you also make kids dressing up and playing army illegal?
Blue_Tires
(55,445 posts)shitty analogy...
malthaussen
(17,217 posts)Or some such. The point being, there's money in those jerseys, in the medals not so much.
-- Mal
Kennah
(14,339 posts)I am more than a bit fuzzy as to where is the there here.
Yes, these people are fucksticks, but then so too was Clarence Brandenburg.
Gothmog
(145,667 posts)The court is correct in the analysis. The best defense to this conduct is not criminal sanctions but sunlight
Javaman
(62,534 posts)right wing wanna-be's chat about the best chest candy to put on ones fake uniform for this falls fashion.
Sunlei
(22,651 posts)To pretend one is decorated military is always silly/childish- but 'wannabe hero' IS Free Speech.
Valhallakey
(70 posts)I would have thought in this particular case, since he was wearing the medal while on the witness stand testifying, it should be considered in this context. A medal brings credibility to his testimony and implies something to the Jurors that is false.
Eugene
(61,965 posts)He lied to the defendant and failed to tell the court he was lying to the defendant.
This would have been devastating to his credibility had the defense lawyers
known it.
Perjury is rarely prosecuted and this case only skirts the boundaries.
EndElectoral
(4,213 posts)They were obviously worn to influence the jury and yet were being worn fraudently.
MosheFeingold
(3,051 posts)To beat the pretenders with my cane.
I bet I can still take him.
jonno99
(2,620 posts)Xipe Totec
(43,890 posts)Thin ice... thin ice...
Democat
(11,617 posts)You cannot claim to be in the military and try to benefit from that, but you can dress up all you want.
Would you ban civil war reenactments because those men aren't really soldiers?
Bradical79
(4,490 posts)you can wear whatever you want. But if it's being used to deceive people (like wearing the unearned medals on the witness stand in court), I don't understand why perjury, fraud, and other existing laws wouldn't apply to people wearing unearned military medals.
RobinA
(9,898 posts)that the witness stand is about the dumbest place to try to pull a stunt like that. Couple questions from a lawyer and you either commit perjury or every word out of your mouth is impugned when you admit you never earned the Purple Heart you are wearing.
Xithras
(16,191 posts)I never had any interest in serving in the military and never served. But if I were called to testify and court and showed up in full Army dress, my choice of clothing wouldn't be a crime. It's just cloth.
On the other hand, if I were providing expert witness testimony based on my experiences as a soldier, or if an attorney asked me about my service directly and I made something up, I would be committing perjury.
It would only be perjury if the witness directly lied under oath, or if the misrepresentation of their military background added something to their testimony (expert witness or experience) that wouldn't have otherwise been present. If the witness is testifying in regards to something unrelated to their (false) military experience, the misrepresentation should have no real impact on the trial and shouldn't be grounds for a perjury charge.
malthaussen
(17,217 posts)Well, wearing unearned medal ribbons. Where was the SCOTUS in 1971?
(One of the school counselors was a retired LCOL and took umbrage at the display)
-- Mal
FairWinds
(1,717 posts)that is, to officer buddies for doing nothing much at all.
Happened all the time in Vietnam.
Personally, I threw mine away in disgust a long time ago.
jonno99
(2,620 posts)empty bedpans at a VA hospital for a year...
dembotoz
(16,864 posts)unless it provides them with something that could not happen with out it...ie va loan? cause that would be open fraud.