Good news for Tom in Tib

[Freeper]

unhappycamper  Donating Member  (1000+ posts)  Journal  Click to send private message to this author  Click to view this author's profile  Click to add this author to your buddy list  Click to add this author to your Ignore list      Sat Jul-17-10 09:52 AM
Original message
Judge rules Stolen Valor Act unconstitutional   Updated at 10:16 AM
   
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.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8764077

malaise  Donating Member  (1000+ posts) Click to send private message to this author  Click to view this author's profile  Click to add this author to your buddy list  Click to add this author to your Ignore list      Sat Jul-17-10 09:56 AM
Response to Original message
1. So free speech gives you the right to lie
   
up is down

Hell Obama lies daily yet you don't care much about that.

It's a young bonfire but, I am sure there will be much rejoicing to come.

[DumbAss Tanker]

A very poorly-reasoned decision, Stolen Valor is really a type of false personation offense.  It is an offense to falsely pretend to be a police officer or Federal official, not a particular police officer or Federal official, and Stolen Valor punishes falsely claiming to have received a certain type of Federal distinction.

[JakeStyle]

hehe

arbusto_baboso  Donating Member  (1000+ posts) Click to send private message to this author  Click to view this author's profile  Click to add this author to your buddy list  Click to add this author to your Ignore list      Fri Jul-16-10 07:46 PM
Response to Original message
1. You realize it's Freeper types who do this kind of shit most often, right?
   
Don't know of many liberals who would make false claims about military service.

Dreamer Tatum  Donating Member  (1000+ posts)  Journal  Click to send private message to this author  Click to view this author's profile  Click to add this author to your buddy list  Click to add this author to your Ignore list      Sat Jul-17-10 02:22 AM
Response to Reply #1
29. Was TominTib a freeper?
   
Mr. Seal Team Three before it even existed?   

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4468366

[Freeper]

A very poorly-reasoned decision, Stolen Valor is really a type of false personation offense.  It is an offense to falsely pretend to be a police officer or Federal official, not a particular police officer or Federal official, and Stolen Valor punishes falsely claiming to have received a certain type of Federal distinction.

I think in cases where one claims to have been in combat and is claiming the soldiers or marines did despicable acts then SV should be enforced. Because actual harm to people can be done. People's reputations get questioned etc. Now if you just shoot your mouth off and tell "war stories" to your buddies and online then you are a jerk but I don't think any legal action should occur.

[DumbAss Tanker]

I'm not sure what was involved in this particular case, maybe that was involved here.  I tend to think of the violators in terms of the idiots who show up at public events pretending to be MoH winners, on job apps/resumes to the disadvangtage of the honest applicants, appear at public events like ol' General Ballduster McSoulpatch, or other out in public for prestige or advantage.  The laws against impersonating officials do not require proof that it was done for financial gain, the undermining of confidence in the credentials of real officials is a sufficient basis for them.

[blitzkrieg_17]

Stolen Valor should still apply if you wear medals you haven't earned.

[Ballygrl]

arbusto_baboso  Donating Member  (1000+ posts) Click to send private message to this author  Click to view this author's profile  Click to add this author to your buddy list  Click to add this author to your Ignore list      Fri Jul-16-10 07:46 PM
Response to Original message
1. You realize it's Freeper types who do this kind of shit most often, right?
   
Don't know of many liberals who would make false claims about military service.

If they want to get elected they try to lie, see Gore, Blumenthal and even Kerry!

[blitzkrieg_17]

If they want to get elected they try to lie, see Gore, Blumenthal and even Kerry!

Don't forget Tom "Dung Heap" Harkin.

[ReaganForRushmore]

So I can get a police officer uniform and have a car made to look like a police cruiser, and I won't get in trouble, right? Or I can can get a physician's smock and operating room gear and walk into a hospital and say I'm a doctor, right?

This smacks the sacrifice and service of every vet right in the face. It says that you can have a fraud
perpetrated against your actual service and sacrifice and to denigrate the deaths of close friends and comrades by saying the frauds have a greater right to free speech than those that did serve, did fight, did die and in survivors wounds, continue to have painful on going memories dissed by these frauds. I will help pay what I can for an appeal.

PS every fraud was a Dummie.

[Tucker]

11 Boo Mr. Hamburger Hill himself voices his opinion.

11 Bravo  Donating Member  (1000+ posts) Click to send private message to this author  Click to view this author's profile  Click to add this author to your buddy list  Click to add this author to your Ignore list      Fri Jul-16-10 08:07 PM
Response to Original message
6. I am really conflicted here. Part of me says, "contemptible, yes ... illegal, no." But ...
   
another part of me says, "Damnit, I earned those little bits of ribbon and metal! How dare anyone lay a baseless claim to something which I bled for!"

As I said, deeply conflicted.

I can see the conflict. You're afraid of being found out of being a liar.