PDA

View Full Version : Court: Stolen Valor Act Unconstitutional



Armymom09
03-31-2011, 02:34 AM
Court: Stolen Valor Act Unconstitutional (http://sacramento.cbslocal.com/2011/03/21/court-stolen-valor-act-unconstitutional/)

PASADENA, Calif. (AP) — A federal appeals court on Monday upheld an earlier ruling by three of its members that a law making it illegal to lie about being a military hero violates free speech.

The 9th U.S. Circuit Court of Appeals decision strikes down the so-called Stolen Valor Act passed by Congress in 2006.

It also vacates a judgment and fines leveled against Xavier Alvarez, of Pomona, Calif., a water district board member who said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation’s highest military decoration. Alvarez had never served in Marines or in any other branch of the armed forces, according to the court ruling.

Alvarez was indicted in 2007. He pleaded guilty on condition that he would be allowed to appeal on First Amendment grounds. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000.

Making lies of that sort would implicate “the JDater who falsely claims he’s Jewish or the dentist who assures you it won’t hurt a bit,” Chief Judge Alex Kozinski wrote. “Phrases such as ‘I’m working late tonight, hunny,’ ‘I got stuck in traffic’ and ‘I didn’t inhale’ could all be made into crimes,” Kozinski wrote in denying a full-court re-hearing of the case.

The Stolen Valor Act revised and toughened a law that forbids anyone to wear a military medal that wasn’t earned.

Dozens of people have been arrested under the law at a time when veterans coming home from wars in Afghanistan and Iraq are being embraced as heroes. Many of the cases involve men who simply got caught living a lie without profiting from it. Almost all the impostors have been ordered to perform community service.

Seven of the court’s 26 active judges disagreed, signing a dissent from the decision not to rehear the Alvarez case, the first in which someone was charged and convicted under the challenged act, the court said.

U.S. Justice Department spokesman Dean Boyd declined to comment on whether government lawyers will appeal the decision.

Armymom09
03-31-2011, 02:37 AM
In related news...

Phony SF Colonel Takes Guilty Plea (http://www.military.com/news/article/phony-sf-colonel-takes-guilty-plea.html)

A Maryland man who passed himself off to university employers as a former Green Beret and expert in international sex-trafficking and counterterrorism pleaded guilty March 30 to wire fraud.

William G. Hillar, 66, admitted in a plea deal worked out with federal prosecutors in Baltimore that an email he sent to the University of Oregon to apply for work included fraudulent information about his military background and experience.

Hillar could get up to 20 years in prison when he's sentenced on July 20, the FBI said in a statement. Under the terms of the plea agreement he will pay restitution of $171,415 and perform at least 500 hours of community service at the Maryland State Veterans Cemeteries.

Hillar was arrested at his Maryland home on Jan. 25. The Justice Department says that the former Coast Guard enlisted man pretended for about 12 years to be a retired Army colonel with a Special Forces background. Part of his faux biography included a claim that his daughter was kidnapped by human traffickers in Asia and that he spent six months in a futile effort to rescue her.

Hillar's story reportedly was the basis of a 2008 movie, "Taken," starring Liam Neeson.

The amount of restitution equals the money that he earned from the teaching jobs and speaking engagements he made based on his fraudulent bio.

According to the Justice Department, one of the earliest victims of Hillar's fraud was the FBI's Salt Lake City, Utah, division, which paid him just over $1,000 to speak in April 1998. He also took the bureau's Chicago division for about $1,000 in 2002, and between 2000 and 2010 earned $17,369 from the FBI Command College.

Hillar also earned money lecturing and conducting workshops for the Army; the Drug Enforcement Agency; the Interior Department's Bureau of Indian Affairs; the National Law Enforcement Telecommunications System and various other state and federal agencies.

But his biggest takes were from the University of Oregon, where he earned $33,000 to teach his courses on international crime from 2002 to 2010, and the Monterey Institute of International Studies. MIIS paid him a total of $32,500 from 2005 to 2010.

At Monterey, students who were veterans began questioning Hillar's credibility, according to Jeff "J.D." Hinton, a retired Special Forces master sergeant who began looking into Hillar's background well over a year ago. Hinton had pulled together information from his own Special Forces connections and through Freedom of Information Act requests showing Hillar to be a fraud.

He began publicizing the holes in Hillar's resume his website, ProfessionalSoldiers.com, last October.

Army Special Forces and the other elite units of the Navy, Marine Corps and Air Force constitute a small world within the military. People pretending to be a Green Beret, SEAL, Marine Recon or Air Force Special Operations Airman cannot sustain the fraud very long once someone begins asking questions, Hinton said.

"I'm happy with the outcome" of the case against Hillar, Hinton said. "I'm very impressed how quickly the FBI worked this case. I hope this serves as an example to all those that would employ stolen valor to deceive the public. We are watching and we will eventually find and expose you."

torspo[fin]
04-24-2011, 04:53 PM
you have so many you cant tell anymore?

MSG Glenn
04-25-2011, 03:19 AM
There are more SEAL, Ranger & Special Forces posers as there are those who actually served, Torspo. There are certain questions those who are the real deal can ask that will expose the poser immediately.

D.S.11B
04-26-2011, 03:27 AM
If people pretending to be in the military can do so under free speech, then why is it still illegal to pretend to be a police officer? It's the same principle.

MSG Glenn
04-26-2011, 05:10 AM
You're somewhat correct, DS. The major difference is that under ordinary circumstances a Soldiier can't make civilian arrests or detainments. We had a police poser in this area several years ago that was making traffic stops of young ladies & was "arresting" them & placing them in his "squad car" only to rape & rob them.

Grunt Medic TXARNG
04-30-2011, 04:39 PM
Not to mention that impersonating a military Officer or NCO/Petty Officer are specific Federal offenses under Title 10 of the United States Code.

Exo1
05-04-2011, 12:45 PM
Its great that the Stolen Valor act is back post challenge, and enforcing what I believe to a critical need given the amount of posing asshats whom cannot help themselves!!.. Hard charging airbags the lot of them!!.. Pathetic beyond belief... and since they obviously have no respect for themselves nor the courage of professionals whom really do step into harms way, its great the law can pick up the slack and clip the wings of these ego centric story tellers...

Exo

CWO Sharkey
07-30-2011, 02:07 AM
They are giving a special on the Pentagon's Recon show about Stolen Valor. I would like to see it. Here are some youtube videos of stolen valor in the news.


http://www.youtube.com/watch?v=iD7a9oj-Go8&feature=related

other videos - Duncan


http://www.youtube.com/watch?v=dGkcnlZG8es

http://www.youtube.com/watch?v=n-oiMs9-mTg&feature=related

http://www.youtube.com/watch?v=dXzB6FyOylU

CWO Sharkey
08-01-2011, 11:06 PM
Ironically, I received an email from the pentagonchannel's email subscription service on stolen valor. Here is the link.


The Pentagon Channel (http://www.pentagonchannel.mil/?pid=X6ZS2sIz2i9lJN1uoyWrZjlvDJaYYX5c&player=GovDelivery)

jeremyH12
10-26-2011, 10:16 PM
There will be a hearing on feuds in the lawsuit of United States vs. Alvarez as Supreme Court agrees to hear arguments about Stolen Valor Act (http://www.newsytype.com/12877-stolen-valor-act/). The free speech protections of the First Amendment may be violated by the Stolen Valor Act. If this is the suit, then the law, intended to defend military awards, might actually be unconstitutional.

UCPharmD
11-06-2011, 01:54 PM
I don't understand how any interpretation of the Bill of Rights can say that the Stolen Valor Act is unconstitutional. The Bill of Rights states:

"The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law."

What ideas or opinions are being suppressed by this law? Individuals are falsely claiming credit for deeds done by braver men and women. They are stealing the rare honor and respect that these medals and ribbons bestow upon their true recipients. Part of me feels bad for these phonies but the second I remember the hardships I endured to earn the title of United States Marine or the small pieces of cloth on my chest, I quickly shed my empathy. In a time of war and loss of American lives, the general public notice our sacrifices and finally recognize us. When I joined in 1998, there was no war and little to no respect for the Armed Forces.

Though we have evolved from a society like that of Sparta or Rome where battle was the true test of manhood and dominance, the military is still respected. Those who claim false valor have noticed the reverence that is shown to veterans and claim it for themselves. They are stealing that which does not belong to them and using it for their own personal gain. This is a matter far beyond someone exercising their right to free speech, this is clear cut theft. The Stolen Valor Act is most certainly NOT unconstitutional.

CWO Sharkey
11-06-2011, 09:20 PM
You want to be a civvy that never served and walk with a MOH around your neck; then go for it. I know in some countries in South America that if you wear BDUs and never served is a reason to get killed. But in our country, I feel that as long as you are not doing it for personal gain or impersonating someone then you could do what you want. Once you tamper with dd214s then it's another story. Just my two cents.

CWO Sharkey
06-28-2012, 06:54 AM
SCOTUS strikes down Stolen Valor Act - NBC Politics (http://nbcpolitics.msnbc.msn.com/_news/2012/06/28/12457855-scotus-strikes-down-stolen-valor-act?lite)

SCOTUS supports the posers!!

LoneStarMedic
06-28-2012, 11:40 AM
Absolutely disgusting, if they ever bring back the draft they ought to sign these jackoffs up first, let them earn what they already claim as theirs

MSG Glenn
06-28-2012, 02:59 PM
What a kick in the balls for every Active Duty, Reservist or Vet.

Exo1
08-14-2012, 04:03 AM
What a kick in the balls for every Active Duty, Reservist or Vet.

Fully agree Top, I also think there is allot of political will to get this made right doing right by those whom actually earned their accolades for meritorious service... I read several interviews with retired vets whom are very committed to exposing posers and one particular one by a retired Sgt Major from US Special Forces which impressed me greatly.... his commitment, MO and resources are considerable and a real answer to this question of stolen valor. Harnessing political will to sponsor a bill through the houses is a next step in my view.. and an important one.. if evidence is needed to prove the falsehood under any new law, the likes of the retired Sgt Major will get it for sure... :)