Unconstitutional?

This is coolbert:

Thanks to Eugene and the Volokh Conspiracy for the lead-in to this blog entry.

The Stolen Valor Act:

"The Act makes it a crime to":

"falsely represent oneself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item ..."

Back to the much-repeated subject of the false war hero, the military impostor.

1. "Military Impostors Are Neither Few Nor Proud"

First with the case of Steven Douglas Burton. Man who dressed as a U.S. Marine, a decorated hero, wearing the regalia, the medals, making extraordinary claims. And found guilty under the Stolen Valor Act. A law - - the Stolen Valor Act, enacted as a response to an epidemic of military war hero wannabees that in most cases - - have NEVER even done their military service, much less served with valor. It being a crime to claim you have won and been awarded medals and decorations for which you are NOT entitled!

"Burton pleaded guilty to a single count of the unauthorized wearing of a military medal. He faces up to a year in prison and a $100,000 fine for violating the Stolen Valor Act, which prohibits wearing an unearned medal or falsely claiming to have earned one."

"Steven Douglas Burton's Web site contained photos of him wearing the Marine Corps uniform proudly. He had rows of medals, including a prestigious Navy Cross, a Purple Heart and a Bronze Star"

Steven not only dressed as a Marine, he talked the talk and walked the walk, so it seems, but it was all a charade. First a gunnery sergeant, then a Lieutenant Colonel, and goodness knows what else. All existing ONLY in the imagination of the man.

2. And here is the strange case of Rick Strandlof. Also a man who made extraordinary claims of military service and heroism. A man claiming to be a wounded and disabled military vet from the Iraq conflict. And a man doing charitable work on behalf of disabled and down-and-out-of-luck homeless military veterans [charitable work that enriched the man?]. All the while another military wannabee of dubious repute and background.

"Many faces of 'fake vet' Rick Strandlof exposed"

"But a trail of deceit has stamped Richard Glen Strandlof with another indelible mark: fake military hero who misled veterans, politicians and voters. Many had bought into the story of Rick Duncan, the wounded soldier rallying opposition to the Iraq war and support for struggling vets."




Rick - - also a military impostor, a fraud and a sham. An impostor BUT much more than that. A man who solicited funds, ran an anti-war campaign, an "activist" with a very checkered past. Just a plain old ordinary bad person from I can discern.

3. NOW - - from just a short time ago - - the Rick Strandlof case taking a turn for the worse, a federal district court judge ruling the Stolen Valor act UNCONSTITUTIONAL!! Deemed a freedom of speech issue, merely to make claims that you have been awarded medals and decorations for which you are not entitled being ruled a "PROTECTED" First Amendment right.

Wearing the uniform with medals, making outrageous claims of valor is NOT a crime in itself? Legitimate free speech activity? So has ruled a federal district court judge!

From the Volokh Conspiracy, read what the legal experts and pundits have to say:

"The case, by the way, involves Rick Strandlof, who — under the name Rick Duncan — claimed to be a wounded and decorated Iraq War veteran, and who tried to use this claim to 'rally' opposition to the Iraq war and support for struggling vets.”

Back to the drawing boards? This case and ruling will be appealed? The charlatan, the impostor, the poseur', the prevaricator has won an unjustifiable victory?

Too BAD!!

coolbert.