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Subscribe to RSSUpdated at 4:15 pm ET The Supreme Court on Thursday struck down a federal law called the Stolen Valor Act which prohibits a person from falsely claiming that he has been awarded a military honor.
The case involved Xavier Alvarez who was an elected member of the Three Valleys Municipal Water District Board in Pomona, California.
In 2007 Alvarez said at a public water district board meeting that he was a retired Marine, had been “wounded many times,” and had been “awarded the Congressional Medal of Honor” in 1987.
In fact, he never served in the United States armed forces.
Alvarez pleaded guilty to violating the Stolen Valor Act, but claimed that his false statements were protected by the First Amendment right of free speech.
The majority opinion by Justice Anthony Kennedy said, “The remedy for speech that is false is speech that is true. This is the ordinary course in a free society.”
Related: Lying about military service? Bloggers have you in their sights
Kennedy quoted from the famous dissent by Justice Oliver Wendell Holmes in the 1919 Abrams decision: “The best test of truth is the power of the thought to get itself accepted in the competition of the market.”
Kennedy said, "Some false statements are inevitable if there is to be an open and vigorous expression of views in public and private conversation, expression the First Amendment seeks to guarantee."
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Writing a dissent for himself, Justice Clarence Thomas and Justice Antonin Scalia, Justice Samuel Alito said a long line of prior court decisions recognized “that the right to free speech does not protect false factual statements that inflict real harm and serve no legitimate interest.”
Alito said, “Legitimate award recipients and their families have expressed the harm they endure when an imposter takes credit for heroic actions that he never performed. One Medal of Honor recipient described the feeling as a ‘slap in the face of veterans who have paid the price and earned their medals.’”
Alito said diluting the effect of military awards “harms the military by hampering its efforts to foster morale and esprit de corps.”
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Oh my God, we're doomed !
Given this decision, it strikes me that this supreme court could hardly be considered radical right wing but rather they are very clear thinkers. Combine this with their thoughtful response to Arizona's immigration law and I would have to say they are a very even handed court.
When are those idiots on the Supreme Court going to retire or die? Why can't there be term limits on these goofballs?? They need to go ...
We need people in there who are in touch with reality ... These idiots are not!!
That person should be shot ... Free speech my @$$!! He's an idiot who is taking something away from those who made sacrifices for our country!!!
Shame on the SCOTUS!
To the meny who have served honerable to protect freespeech. This is a travesty!
As uncomfortable as it may be, freedom of speech protects all speech, even when it comes from douchebags claiming to have earned something they didn't or from flag burners. But there is no provision of the Constitution that says they have freedom from being shunned and ridiculed by society for it.
This has GOT to be the sorriest decision to come out of the Supreme Court I've ever heard. Free speech huh? But his "free" speech allowed him to get a high position and pay, partially for recognition of this service to the country......AND HE NEVER SERVED! WHILE THOSE OF US.....YES ME!.....DID AND SACRIFICED FOR HIS "FREE SPEECH".....TO LIE! Would I love to demand those 25 years of my life back. I'm disgusted.
Really? Can you prove that it was his false claim that got him his job?
I would like to think that if he had worn the uniform to prove his bragging, he would be guilty at least.
This SCOTUS is incapable of making rational decisions. Anything that a common person would think is right, this court is against. It makes you wonder, doesn't it, just who's interests are being served...and why...
I know, Do you?
This ruling actually defends the First Amendment to the Constitution of the United States of America. You know, the one about free speech.
Freedom of speech is not always pretty. Sometimes you get speech that aims for more freedom, such as the Tea Partiers. And sometimes you get ugly speech, like the KKK, NAMBLA, and this guy.
In other cases, the SCOTUS may have an agenda, but this one here, is purely constitutional.
Hambone, the S.C. often over-rides the vote of the people as unconstitutional. Can you think of ANYTHING more unconstitutional than a handful of politically motivated yes "persons" having the ability to nullify the peoples vote. We are not a democracy at all any more. More like a Scaminist government. Sneaky lying dirt bags all pushing their own self serving semi-hidden profit driven agendas. Besides, this IS verbal thievery. They are stealing unearned respect that is often the only thing that our war veterans have to show for their sacrifice. If this is allowed, why would anyone serve honorably?
paldude,
We've never been a democracy. We are a Constitutional Republic with Democratic elections. The people cannot vote on things like civil rights. If a law passed, either by legislation or by vote, that violates the Constitution, it should be overturned. That is the whole checks-and-balances thing.
And I can agree with you that it is "verbal thievery," but that, unfortunately, does not stand up in court. If I were to call you an inflammatory name, I couldn't be punished for stealing your happiness. Verbal thievery is too vague and abstract to ever be enforced.
And I wanted to serve when I was younger (kept out due to physical ailment), even without the thought of medals and valor. I just wanted to serve my country. Hopefully, there are more out there like me.
If the "peoples vote" was paramount, why would we even need a constitution since anything that Congress approved would, by definition, be constitutional? In effect, we'd become like Britain.
What goes around comes around. The VFW, American Legion, and every other veterans' group were blissfully unconcerned when Sen. John Kerry was "swiftboated" by a bunch of Texas millionaires. If it's okay to denigrate veterans who actually won military honors, then it follows that it's okay to lie that you received them when you didn't.
There's a GREAT example Publius#2. If Kerry were female, he would have put in for a Purple heart every time he had a period. You have no appreciation at all for our REAL hero's. Damn political groupie. You make me sick. You don't deserve your freedom.
hopefully he got fired and a couple of vets got together and beat the living**** out of him what a lowlife I'm a vet and this ***hole offends me as well as his slimeball lawyer he may be protected by 1st ammendment but he's still a scumbag
I would think the embarrassment & shame someone who made false claims to military honors should feel after getting found out, would be punishment enough. I think I'm not the only one who would never view such a person with any kind of respect again. Doesn't need a law or to be made public because I think the worst punishment would come from those closest to this person & their reduced opinion of him or her.
Calm down, folks. There are too many laws about too many things. The best "cure" for these clowns is public disclosure and embarrassment. Virtually any vet can detect a lying braggart. Would that our "news reporters" would get very much in the face of politicians and pundits to put up or shut up about the wild assertions that are the common coin of today.
So Xavier Alvarez, you took your case all the way to the SCOTUS just so that everyone will know that you have no shame. Message received, you dishonorable d-bag.
So if some actual war heroes decide to dish out some vigilante justice to those friggin lying scum, does that mean they are just exercising their first amendment rights to free speech also?
Hey Barney.... I Agree,.... That's the way it ought to be... With a great big kick to the lyin' bastard's ass..... We aint gonna let this bullsh-- pass. {To the Barney theme song. "I love u, You love me. etc.")Lol} Sorry Barn, couldn't help myself.
Another great decision by the SCROTUM. What a great bunch of non-elected national policy makers.
People, please understand what's going on here. The right to say whatever you want is protected. Not the right to intentionally deceive for personal gain. That one is called fraud, and is still illegal.
All the Stolen Valor Act made illegal was saying you were the recipient of a military honor. Just saying something is not illegal. If they want to re-write the law and make it illegal to say you were the recipient of a military honor with the purpose of achieving some personal gain, such a law would likely stand.
This was right to be struck down, for exactly the same reason Obamacare should. It's the government intruding on our individual liberties, and the SCOTUS will do everything they can to defend those liberties.
I read a scathing article about Scalia this morning, about how hated he is by liberals trampling on the constitution. The question is, are you vets willing to destroy the rights of those around you because you feel wronged? Answer that, then re-read the decision again...if you said yes, then what the H were you REALLY fighting for, anyway?
A guy bragging about a medal he did not get or service he did not serve does not bother me or my brothers, why, because WE know what we did and what we deserve as Marines or other members of the armed services. It seems only to bother the people who were not even in the military. It is a state of mind, a way of life and a personal honor that nobody except those who has been there could ever understand. Semper Fi my brothers!
The problem is, we the general public, wish to honor your service and extend thanks in the form of anything from a free beer to a job opportunity, and it's very difficult to freely do that when pretenders abound.
I am sorry to hear this, and my apologies to the vets that actually serverd for our country. So now they opened the flood gates for anyone that wants to come up with a bogus story and lie to our faces, and say its protected by the first amendment, be prepared for all kinds of polititions to lie and make up more stories to try to get elected!
I tell you what: Let's give every single human being a medal - take your pick as to which one. Then that way, no one will be offended. Dammit, what are these people on anyway? The men (and women) who earned these medals have just had them turn into rust and their honor stolen from them. It's a disgrace. I don't give a rat's butt that this is "freedom of speech." You STILL can't yell FIRE in a crowded theater. And you can't call someone who is of the homosexual persuasion a "bad" name - that's a hate crime. But you can wear a MOH even if you never served a day in your life in the military? That is unconscionable!
Being an idiotic @!$%# is not against the law.
No law will stop people from lying--we have to do that individually--bet this Alvarez fellow won't do it again. Especially now since he decided to fight it and get his name known all over the world as a lying coward. He hasn't tarnished anyone's real medal of honor, just his own sorry name. Remember his name folks, and if you meet him, tell him what you think of him.
Well, then free speach should allow me to say. Being a Supreme Court Justice is the only job in the USA that you can do poorly, over and over, and never get fired. And when you leave or die, the Americans pay you for poor service. If the SCOTUS doesn't have honor we are doomed.
Yes, free speech allows you to say that.
Hey SC - I hope you are proud of yourselves for trashing the real heros of this country. Or maybe I should say "sorry ass country".
Less laws - good job to the SCOTUS. We don't need the government intruding in our lives telling us it's breaking the law to lie. He wasn't under oath. If people want to lie about stupid @!$%#, let them lie about stupid @!$%#. They'll get caught and society will shun them - no need for judicial intervention.