'Stolen Valor Act' Unconstitutional

[WilliamW]

Klempner and his klonetards advocated expanding the "Stolen Valor Act" to apply to "fake degrees," i.e., any degree that doesn't pass through their strict sphincter of scrutiny. See, e.g., http://www.degreediscussion.com/forums/v...&sk=t&sd=a

Today the Supreme Court struck down the Stolen Valor Act on First Amendment grounds.

Stolen Valor Act struck down

The 6-3 decision, authored by Justice Anthony Kennedy with Justice Stephen Breyer filing a concurring opinion, found that the First Amendment does shield military phonies who only claim to have earned their awards. Justices Samuel Alito, Antonin Scalia, and Clarence Thomas filed a dissent.

The decision upheld a 9th Circuit Court of Appeals ruling that found that California man Xavier Alvarez, who claimed he was a Medal of Honor recipient when elected to a local water board position, was simply exercising his free speech rights with the claim.

"The American people do not need the assistance of a government prosecution to express their high regard for the special place that military heroes hold in our tradition," Kennedy said in the majority opinion.

Likewise the American people do not need the assistance of a government prosecution to express their high regard for "real" degrees.

As we saw in the Baloney Gal case, making false statements on a voter pamphlet is already illegal in many places, as are false statements that cause legal injury to another (i.e., fraud).

Klempner should be grateful that tall tales and fish stories are constitutionally protected. After all, he's pretty much made a career out of it.

[bigfoot]

Klonetards...freakin' love it !!!..The "stolen valor" thing to me is ridiculous!....I pity the civilian that runs around in military fatigues or dress blues masquerading as a serviceman...I'm an ex-serviceman, does it bother me that people run around pretending to be marines and airman, when they have never served?...it most certainly does not!...I rather pity them, as they obviously have some mental health issues and possibly a personality disorder.... they may need redirection but certainly not jail time...nor a criminal record.....glad to read another excellent post "Highlander William"...good on you laddie...

[Ben Johnson]

I think I own some medals that are illegal for me to own under the Stolen Valor Act. I own well over 100 of them, none of which I pretend to have earned. I really wasn't with the Indian Army in the invasion of Tibet in 1903? yet I have the medal. The original owner doesn't have much use for it. Now I'll buy my Bronze Cross.

[Virtual Bison]

I have maintained for some time that a lot of these laws forbidding the "use" of unaccredited education are unconstitutional since they restrict free speech. If any fool can go about claiming that they have a Congressional Medal of Honor, an achievement ony a few hundred people can rightfully claim, then why is it that anyone can tell you what you can or cannot put on a resume.