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Old 04-01-2011, 02:34 PM
dragoon500ly dragoon500ly is offline
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Location: East Tennessee, USA
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Default OT: Stolen Valor Act Struck Down

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?
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