Liberal_in_LA (40,651 posts)
Wearing unearned medals is protected by 1st Amendment, appeals court rules
A military veteran persuaded a federal appeals court Monday to overturn his conviction for wearing a medal he didn’t earn.
An 11-judge panel of the U.S. 9th Circuit Court of Appeals said a portion of a federal law that made it a crime to wear an unearned military medal violated freedom of speech rights.
The panel found that wearing a medal conveys a message, which is protected by the 1st Amendment.
The decision overturned the conviction of Elven Joe Swisher, an Idaho man and former Marine who testified on the stand in a criminal case wearing a military medal. Investigators later determined Swisher had not earned it and violated the Stolen Valor Act.
In 2012, the U.S. Supreme Court overturned another portion of the act that made it a crime to lie about having won a military medal. Since Swisher’s conviction, the law no longer penalizes people for wearing unearned medals.
http://www.latimes.com/local/lanow/la-me-ln-stolen-valor-act-court-20160111-story.html
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I'm sure The Big Guy (who is dying) and 11 Boo Boo are celebrating. ANd somewhere in Tibouron, California ol TiT is grinning his ass off.
I have to give DU credit there is some anger amongst the Primitives at this latest joke of a ruling from the 9th Circus...but then in come the apologists.
Star Member NutmegYankee (10,838 posts)
11. I understand your anger, but I think criminalizing the wearing of fake medals went too far.
To test the Constitutionality of a law, the courts apply "Strict Scrutiny" and the law has to be narrowly tailored and advance a "compelling governmental interest". I'm sure the court couldn't find a compelling governmental interest, despite the fact that it enrages those who rightfully earned their medals. There are tons of acts and speech that enrage people.
This just disables Criminal Punishments. Withering social punishments are still valid as always.
The 9th Circus couldn't find it's ass with one hand and a flashlight. That's why they are the most overturned Circuit Court in the nation.
Nye Bevan (22,553 posts)
19. The First Amendment protects stuff that is repugnant as well as stuff that we all agree with.
I agree with this ruling. It's enough that it's still a crime to pretend to have served or won a medal to obtain any tangible benefit.
This has NOTHING to do with free speech you moron. But you've got a Hillary avatar so you no nothing about either honesty or honor.
ronnie624 (4,745 posts)
30. Excellent.
Worshiping the military leads to nothing good.
ronnie624 (4,745 posts)
36. Judging by the 'logic' behind most of your posts,
it could be just about anything.
The underlying assumption of your posts on this topic, indicate a belief that those who serve in the military are deserving of special consideration and treatment. That'a a chauvinistic and illogical view, in my opinion.
Hey ronnie624...I dare you to say that shit to my face.
Mariana (4,021 posts)
80. These laws are a recent phenomenon.
When did veterans become so thin-skinned, wanting to have people locked up for this? I'm a veteran, and it's embarrassing to see other veterans throwing fits over such bullshit. Does some jerk wearing medals he bought somehow lessen the value of earned medals? No, it does not. The notion that it does is ridiculous. Good grief, be a grown up and laugh at the assholes who play pretend because they're so inadequate in their real lives. By all means spread the word that they're fakes. Meanwhile, be secure in the knowledge that your awards are genuine, and no one can take that away from you.
Look bitch...we're NOT thin skinned. We just don't want undeserving ass clowns running around out there claiming medals...saying they were in this battle or that battle to impress people and get free shit. It's not the real veterans who are out there in public demanding free shit...job hiring preferences and therapy dogs because of "PTSD". Real vets aren't pimping their security service or combat school.
No it's the fake ones that take advantage of a society and general public (you assholes are excluded obviously) who honest to God have a deep respect and appreciation for what we do and are prepared to do on a daily basis to protect our unique American way of life. When people are duped by the Stolen Valor types they not only do a disservice to the Military, but they make people who otherwise might want to work with us or help us out after we leave the service less likely to do so.
And those of us that really have been in places like Hue, Khafji, Mogadishu, Taji or Kandesh and lost friends and left pieces both physically and spiritually in those shit holes resent the **** out of people that never had the balls to get off the couch and try to do what we do.
The whole stinking pile of sh*t is here:
http://www.democraticunderground.com/10027520582#post19
