Judge rules Stolen Valor Act unconstitutional

Judge rules Stolen Valor Act unconstitutional
By Dan Elliott - The Associated Press
Posted : Friday Jul 16, 2010 19:14:54 EDT

DENVER — A law that makes it illegal to lie about being a war hero is unconstitutional because it violates free speech, a federal judge ruled Friday as he dismissed a case against a Colorado man who claimed he received two military medals.

Rick Glen Strandlof claimed he was an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star, but the military had no record he ever served. He was charged with violating the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal.

U.S. District Judge Robert Blackburn dismissed the case and said the law is unconstitutional, ruling the government did not show it has a compelling reason to restrict that type of statement.

A spokesman for the U.S. attorney in Denver said prosecutors are reviewing the decision and haven’t decided whether to appeal. The spokesman said that decision would be made by the U.S. Justice Department in Washington and prosecutors in Denver.

Strandlof’s lawyer didn’t immediately return a call.

up is down

For example you can't libel or slander someone without incurring possible legal liability. The issue is that speech has its consequences. In this case, the court determined that there is no compensable damage caused by the lie, so speech is protected.

who is a candidate for Illinois Senate, who lied about winning military awards.

http://www.washingtonpost.com/wp-dyn/content/article/2010/05/29/AR2010052903029.html

about having been awarded the Medal of Honor with 4 bronze stars.

Not my usual source, but this has been making the rounds in the vet community.

http://bigpeace.com/mseavey/2010/07/13/stolen-valor-mayor-lies-about-medals-files-defamation-suit-to-silence-opponent/

about the rightness of lying when it comes to elections.

As progressives we sometimes like to think of ourselves as the majority. The fact of the matter is that we're really not. Sure the members here at DU are generally intelligent and well informed; however, the majority of the people outside of DU are uninformed, ignorant, or willfully stupid about what is best for them. In other words, a true progressive candidate may very well need to lie to the uninformed masses in order to get elected.

I view this sort of like a parent telling a child that the medicine that must be taken doesn't taste bad. Yes, it's a lie, but it's for the child's own good.

Many people will say that all politicians lie which is probably true, but it seems to me that rethugs lie to get power while progressives lie to help people.