Luigi59
Banned
- Joined
- Apr 1, 2007
- Messages
- 4,566
'Stolen Valor' law challenged in court
by Ron Seman
Three years ago, the Stolen Valor Act became the law of the land.
The intent was, as then Sen. Conrad Burns (R-Montana) said at the time, "to protect the reputation of our military heroes with the full force of law. Those who seek to steal recognition that they have not earned must be held accountable and brought to justice."
The story appears in the current issue of The American Legion Magazine.
Unfortunately, that law is under attack from the ACLU and others who say it violates First Amendment protections.
Three cases moving through the courts will test the law's constitutionality. In California, Xavier Alvarez, a municipal water board member, claimed he was a former Marine with 25 years of service and the Congressional Medal of Honor.
In Colorado, Rick Strandlof -- aka Rick Duncan -- claimed he was a Naval Academy graduate who served in the Pentagon on 9/11 and as a battalion commander for a Marine unit in Fallujah. He said he was wounded in the battle and received a Silver Star for valor.
And in Houston, Michael Patrick McManus attended a political function in a general's uniform replete with the Distinguished Service Cross, a Purple Heart, a Silver Star and a Combat Infantryman's Badge with two stars.
Not one of these men's claims withstood the scrutiny of skeptical veterans who requested discharge papers proving the alleged military honors. Alvarez's case is on appeal to the Ninth Circuit Court of Appeals, Strandlof's case is working its way through the District Court of Colorado, and U.S. attorneys in Houston are preparing a case against McManus.
The American Legion is posting developments and analyses on its blog, The Burn Pit.
At issue essentially is whether lies are protected speech. According to a brief filed by the Rutherford Institute, which is backing Strandlof and the ACLU position, "False claims of military distinction do not in any real sense diminish the honor earned and bestowed on those who have truly earned this nation's highest military award."
The government responded, "To the contrary, 'substantial harm' is indeed caused by false claims of military honors. People who lie about having received military decorations generally do so for a reason. They seek to deceive others for personal gain, and to try to manipulate people's behavior through falsehood."
Does it ever end?
For a look at the complete story, visit www.legion.org/burnpit
by Ron Seman
Three years ago, the Stolen Valor Act became the law of the land.
The intent was, as then Sen. Conrad Burns (R-Montana) said at the time, "to protect the reputation of our military heroes with the full force of law. Those who seek to steal recognition that they have not earned must be held accountable and brought to justice."
The story appears in the current issue of The American Legion Magazine.
Unfortunately, that law is under attack from the ACLU and others who say it violates First Amendment protections.
Three cases moving through the courts will test the law's constitutionality. In California, Xavier Alvarez, a municipal water board member, claimed he was a former Marine with 25 years of service and the Congressional Medal of Honor.
In Colorado, Rick Strandlof -- aka Rick Duncan -- claimed he was a Naval Academy graduate who served in the Pentagon on 9/11 and as a battalion commander for a Marine unit in Fallujah. He said he was wounded in the battle and received a Silver Star for valor.
And in Houston, Michael Patrick McManus attended a political function in a general's uniform replete with the Distinguished Service Cross, a Purple Heart, a Silver Star and a Combat Infantryman's Badge with two stars.
Not one of these men's claims withstood the scrutiny of skeptical veterans who requested discharge papers proving the alleged military honors. Alvarez's case is on appeal to the Ninth Circuit Court of Appeals, Strandlof's case is working its way through the District Court of Colorado, and U.S. attorneys in Houston are preparing a case against McManus.
The American Legion is posting developments and analyses on its blog, The Burn Pit.
At issue essentially is whether lies are protected speech. According to a brief filed by the Rutherford Institute, which is backing Strandlof and the ACLU position, "False claims of military distinction do not in any real sense diminish the honor earned and bestowed on those who have truly earned this nation's highest military award."
The government responded, "To the contrary, 'substantial harm' is indeed caused by false claims of military honors. People who lie about having received military decorations generally do so for a reason. They seek to deceive others for personal gain, and to try to manipulate people's behavior through falsehood."
Does it ever end?
For a look at the complete story, visit www.legion.org/burnpit