OT: Stolen Valor Act Struck Down

[dragoon500ly]

Well, the 9th Circuit Court of Appeals has struck again.

It has struck down the conviction of Xavier Alvarez who has claimed to be a Medal of Honor winner. Citing that "Saints may always tell the truth, but for mortals living means lying" Chief Judge Alex Kozinski struck down the Stolen Valor Act citing that Alvarez's claim isn't punishible as one of the exceptions to protection under the First Amendment.

While the First Amendment is the cornerstone of freedom, does it give an individual the right to claim to be the winner of various military honors with the intention of deceving others for personal gain? Does the First Amendment protect the right of someone to lie about their qualifications, to gain employment as consulars and help GIs work to overcome PTSD? Does it give a political hack the right to adward themselves decorations, in an effort to gain political office? Does it allow individuals to wear the uniform, proclaiming them to be military heros in order for them to "parade" around, ripping off the honest patriots who give of themselves to help GIs....

Apparently Chief Judge Alex Kozinski needs to pull his head out of his fourth point of contact and take a careful look at the harm that these "mere mortals" are doing. One would even think that the good Chief Judge would need to open a copy of the US Title and, perhaps, refresh himself on what the Stolen Valor Act covers. But then, why would the 9th Circuit Court want to follow the law?

[raketenjagdpanzer]

The 9th Circus is filled with judicial scum. Need an honorable law passed, or an obviously ludicrous judgement overturned? Look elsewhere.

[Matt Wiser]

Half of the 9th Circut got appointed either by Mr. Peanut or Slick Willie. Need I say more? These are also the clowns who upheld a U.S. District Court judge who blocked Navy Sonar training off SoCal. The Supremes voted 6-3 to overturn that nonsense.

[James1978]

If any of you are interested, I suggest reading the entire opinion (http://www.ca9.uscourts.gov/datastore/opinions/2011/03/21/08-50345.pdf). Just a suggestion.

Oh, the law was struck down by the 9th in August 2010. Read the original one too (www.ca9.uscourts.gov/datastore/opinions/2010/08/.../08-50345.pdf). All this opinion does is refuse to hear an appeal of that ruling en banc.

While I agree that the 9th Circuit is pretty nutty, Alex Kozinski if far from a left wing nutter.

[Raellus]

Does this mean I can tell people that I'm a cop? ;)

I'm not sure that I see that much of a difference between the above- which is a crime- and what this poseur f-wad is doing.

Seems to me that the man is perpetrating fraud.

[Legbreaker]

While I think the whole concept is rather disgusting, it seems to me that he's allowed to say anything he wants, however the moment he tries to take advantage and say, claim a veteran's pension or whatever, then he shifts over into fraud and would face criminal charges for that particular crime.

My personal belief is that anyone pretending to be more than they are in that way should be taken around the back and given a good "talking to" with Mr Rubber Hose! :spanka:

[headquarters]

might I suggest a slightly less political undercurrent in the posts here gentlemen? ( and whatever ladies are hiding themselves amongst you ;) )

By all means - do slam that s.o.b that has claimed that cant be substantiated - but I feel that any coloring of the debate with partisan politics or generalized left/right opinions should be done very tactfully - given our past history of not always being able to play nice.

That said - by all means sayin what you mean is encouraged, as long as it is done in a civil manner.

[Abbott Shaull]

Well, the 9th Circuit Court of Appeals has struck again.

It has struck down the conviction of Xavier Alvarez who has claimed to be a Medal of Honor winner. Citing that "Saints may always tell the truth, but for mortals living means lying" Chief Judge Alex Kozinski struck down the Stolen Valor Act citing that Alvarez's claim isn't punishible as one of the exceptions to protection under the First Amendment.

While the First Amendment is the cornerstone of freedom, does it give an individual the right to claim to be the winner of various military honors with the intention of deceving others for personal gain? Does the First Amendment protect the right of someone to lie about their qualifications, to gain employment as consulars and help GIs work to overcome PTSD? Does it give a political hack the right to adward themselves decorations, in an effort to gain political office? Does it allow individuals to wear the uniform, proclaiming them to be military heros in order for them to "parade" around, ripping off the honest patriots who give of themselves to help GIs....

Apparently Chief Judge Alex Kozinski needs to pull his head out of his fourth point of contact and take a careful look at the harm that these "mere mortals" are doing. One would even think that the good Chief Judge would need to open a copy of the US Title and, perhaps, refresh himself on what the Stolen Valor Act covers. But then, why would the 9th Circuit Court want to follow the law?

All the judges of the 9th Circuit Court have their collective heads up their fourth point of contact. The only know cure of this is to have them go to the US Army Jump School and go through Jump week. If they ever 'Qualify' for the wing you will know one of two things. A. They didn't break their necks. B. Their head is so deeply rooted they didn't know enough to be scared in throwing themselves out of Air Farce 'perfectly' fly plane...

Everyone wonders why I like Airborne...lol I have ears that pop, which only gets worse when it lands. If can get out before that happens, I am happy. Yes, I tried all the 'remedies' to stop it...lol

[dragoon500ly]

After reading the opinon provided by James (thanks for that info by the way!), I'm still troubled by the comments that the judges made concerning Mr. Alveraz. Now I'm not a lawyer and quite frankly have no desire to be a lawyer. So I can only present my own humble opinion.

Stolen Valor strikes very close to home. In the VA Hospital in New Orleans, there was a veteran's consular, with a wall full of impressive degrees, a veteran of 25-years in the Navy, a former SEAL and a Vietnam-era Medal of Honor winner. He was there to help fellow veterans cope with PTSD and other mental issues. He campaigned loud and long for "his boys" He was quite the spokesman for understanding PTSD....and it was all a lie.

This consular had indeed served in the Navy, for all of three years, the closest he ever got to Vietnam was serving time in the brig in San Diego for shoplifting from the Navy Exchange. His college degrees, you guessed it, all false as well. His Medal of Honor, that he wore at every photo op, he had purchased at some flea market. But that wasn't the worst of it. For over ten years he had served as a consular to hundreds of veterans. The lies and harm this one individual did stagger the mind.

And he is not the only one.

When the records of what SOG had done during the Vietnam War started coming out, there was another "hero" who went before Congress and confessed to having been ordered to rape and murder civilians in order to have the crimes blamed on the VC. In three days of testimony, in chilling detail, he explained how it happened, and how the CIA as well as senior Army officers, gave the orders. It later turned out that this self-confessed war criminal had been kicked out of basic training for mental issues. He had never left the United States.

Mr. Alvarez, took the public forum to proclaim that he was a veteran and a Medal of Honor winner. Why did he do this? What poltical gain was so necessary that he step forward and lie through his teeth? I cannot and hope that I never will understand the thinking that goes behind this.

I don't strive to cut any political axes, I have been known to vote independent or even write in Mickey Mouse for President, so disgusted I have been with the recent crop of of political hacks trying for that office. But I do believe that individuals that will stoop so low as to claim honors that they do not deserve and have never earned should be punished to the fullest extent of the law, because, by their very actions, they demean every member of the Armed Forces, they demean every servicemember that has suffered injuries or who have paid the highest price. Our servicemembers deserve better than this.

This is the point that the 9th Circuit Court of Appeals missed. From the opinon I read, I get the impression that the Dept of Justice failed to prove Mr. Alvarez's action to the extent that Stolen Valor required. In which case the 9th acted correctly, but I am still deeply troubled by the opinions of the judges who almost brush off what Mr. Alvarez did by comparing it such white lies as "I took out the trash," or "I only lost $10 dollars gambling." His action strikes deeper than this.

Perhaps, I simply don't understand modern values where everyone is a "every day hero". To me, a hero is that individual who did something "above and beyond the call of duty", someone that risked their very life to help another. Someone that gave their life so that another might live. Sadly, the actions of Mr. Alvarez fails to meet that standard.