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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWearing unearned medals is protected by 1st Amendment, appeals court rules
A military veteran persuaded a federal appeals court Monday to overturn his conviction for wearing a medal he didnt earn.
An 11-judge panel of the U.S. 9th Circuit Court of Appeals said a portion of a federal law that made it a crime to wear an unearned military medal violated freedom of speech rights.
The panel found that wearing a medal conveys a message, which is protected by the 1st Amendment.
The decision overturned the conviction of Elven Joe Swisher, an Idaho man and former Marine who testified on the stand in a criminal case wearing a military medal. Investigators later determined Swisher had not earned it and violated the Stolen Valor Act.
In 2012, the U.S. Supreme Court overturned another portion of the act that made it a crime to lie about having won a military medal. Since Swishers conviction, the law no longer penalizes people for wearing unearned medals.
http://www.latimes.com/local/lanow/la-me-ln-stolen-valor-act-court-20160111-story.html
GGJohn
(9,951 posts)I fucking hate these stolen valor fuckwits.
Wearing a medal one didn't earn?
Fuck that shit.
I would NEVER even think about wearing a medal I didn't earn or was awarded.
Did I mention I hate these stolen valor fuckwits?
Docreed2003
(18,714 posts)This is fucking bullshit!
pinboy3niner
(53,339 posts)He falsely claimed to be a Korean War combat vet. In reality, he served in the Marines a year after the Korean War ended.
GGJohn
(9,951 posts)It's bad enough he's wearing a medal he didn't earn, but really repugnant that he's wearing a Purple Heart.
pinboy3niner
(53,339 posts)http://www.metnews.com/articles/2015/swich052015.htm
GGJohn
(9,951 posts)At least he can be publicly shamed, which can be worse than a criminal conviction.
Hopefully they change things to omit the fakers committing fraud.
It is a crime to fake awards to obtain federal benefits. All fakers do is type PH in their DD214 awards area which will go unfound unless someone actually requests a copy of their real DD214.
The Purple Heart will get you a higher priority in the VA healthcare system.
In NM you can get a Purple Heart license plate that is a permanent plate omitting registration charges for life.
Using a false award in any way to glean a benefit of any kind should be charged with fraud.
NutmegYankee
(16,478 posts)To test the Constitutionality of a law, the courts apply "Strict Scrutiny" and the law has to be narrowly tailored and advance a "compelling governmental interest". I'm sure the court couldn't find a compelling governmental interest, despite the fact that it enrages those who rightfully earned their medals. There are tons of acts and speech that enrage people.
This just disables Criminal Punishments. Withering social punishments are still valid as always.
GGJohn
(9,951 posts)then they should be mercilessly shamed publicly.
NutmegYankee
(16,478 posts)Most people will respond to shame and shunning/ostracization.
Orsino
(37,428 posts)Incarceration and fines are ridiculous overkill, IMO. Conservative military fetishism leads to worthless criminalization.
Liberal_in_LA
(44,397 posts)The Marine Corps News (on September 16, 2007) published an article about Five Fakers. The fifth was E. Joe Swisher from Cottonwood, Idaho: The lie, the News reported, was that Swisher claimed he was a Korean War hero who took part in highly classified, secret missions to free U.S. prisoners of war. He claimed to have earned the Silver Star, Purple Heart, Navy and Marine Corps Medal with Gold Star, and Navy and Marine Corps Commendation Medal with Bronze V.
He also, falsely claimed being on an expeditionary force to free POWs in North Korea and that he sustained multiple shrapnel and gunshot wounds while in Korea (September 1955). In his June 2004 VA hearing to obtain benefits, he testified under oath and claimed to be suffering from combat-related post-traumatic stress disorder from the alleged 1955 combat in Korea. To bolster his account, Swisher wrote a book: A Marine Remembers chronicling his fictitious experiences which quoted from the movie The Sands of Iwo Jima to give his story apparent authenticity.
The reality was that he served in the Marine Corps on active duty from 1954 to 1957 (all after the resolution of the Korean War). He was never assigned to nor traveled in Korea. His rank and training would have prohibited him from serving on an expeditionary force reserved for Green Berets. During his tour, he was demoted from Corporal to private first class (PFC) after being court-martialed for disciplinary problems. Finally, he was discharged without distinction of any kind in 1957.
Silver Star, Purple Heart, Navy and Marine Corps Medal with Gold Star, and Navy and Marine Corps Commendation Medal with Bronze V.
jmowreader
(53,194 posts)The Navy and Marine Corps Medal, Soldier's Medal and Airman's Medal are non-combat awards for extreme heroism - risking your life is required to even be considered for one. I've seen ONE person who had one, and a lot of GIs go their whole careers without seeing that many. And this asshole claims to have been awarded it twice?
Liberal_in_LA
(44,397 posts)jmowreader
(53,194 posts)I wonder how it reads from a fictional standpoint, since by now we all know it is.
GP6971
(38,015 posts)can wear any ribbon they want.
I guess I'll just get my old Class A uniform and adorn it with whatever I want. Hardly.
I first ran into a stolen valor type in the early 70s. Some idiot paraded around as a retired 3 star admiral and the officers club really fawned all over him. Only when my Colonel noticed some discrepancies with his fruit salad and reported it did this guy get busted.
The people that wear these unearned ribbons/medals deserve hard time in Leavenworth.
virgogal
(10,178 posts)GP6971
(38,015 posts)If I run into one of these nuts, I immediately turn the other way.
We busted a Program Manger in my company. This idiot bragged about receiving a certain medal, I think the DSC. Our retired veterans, who were well connected, checked him out and found out his claims was false. They fired his ass in a heartbeat. Good riddance.
hughee99
(16,113 posts)
Hassin Bin Sober
(27,461 posts)Like Colonel Gaddafi. What's the deal with that? The guy was a Dictator. Why not be a General?
Shit, we have Police Chiefs all around the country who make themselves 4 star Generals. I still can't figure that one out.
Duckhunter935
(16,974 posts)JonathanRackham
(1,604 posts)hunter
(40,691 posts)I have a mildly schizophrenic friend who was gung-ho to join the Air Force since he was a little kid. By some miracle he was accepted into the Air Force (possibly because his dad was buddies with the local congressman) but his eccentric behavior soon earned him a general discharge.
Yet his glorious military service continued, inside his head.
He's "retired" from the military now and people who don't know him sometimes mistake him for a traumatized military veteran, even though the only military trauma he ever experienced was that general discharge.
Nevertheless, he's a gentle fellow so not even the truly traumatized vets are bothered by him.
I was raised as a Jehovah's Witness, and then a Quaker because my mom can't stay out of politics, as the Witnesses require. My mom's dad was a Conscientious Objector during World War II. They gave him a choice when his number came up, prison or building Liberty and Victory Ships. He built ships.
My dad's dad was an Army Air Force officer during World War II. He loved airplanes but he didn't fly, the Air Force had other things for him to do. Mostly he was the handsome guy in uniform with a big black government car and enlisted driver who carried a get-out-of-jail free card for other eccentrics like himself deemed essential to the war effort. When the Air Force was separated from the Army, bolstered by an infusion of amoral "just following orders" paperclip scientists and technicians, my grandfather and most of the people he worked with were honorably discharged.
My grandfather later got work as an engineer for the Apollo Project, which was always his pride and joy. He didn't have any great love for the military industrial complex that Eisenhower had warned us about.
Anyways, that's probably why I can't get too excited about this issue. The most heroic military people I know are pretty low key about it, and the posers are pretty obvious.
"Valor" isn't anything that can be stolen.
GGJohn
(9,951 posts)I've mellowed my tune somewhat, it is a form of free speech, however putrid it is to us veterans, but it should be called out and publicly shamed.
jberryhill
(62,444 posts)Are you okay with people who wear Nazi decorations, or should they have earned those too?
GGJohn
(9,951 posts)cwydro
(51,308 posts)One thing I CAN believe is that most likely not one of those who made that ruling ever spent a day in uniform.
GGJohn
(9,951 posts)take this stolen valor issue.
I believe you're right, not one of those that ruled on this ever wore the uniform.
3catwoman3
(29,406 posts)...none of those who participated in this ruling had been in the military in any capacity.
LastLiberal in PalmSprings
(13,291 posts)This asshole can shove his "Silver Star" where the sun don't shine.
cwydro
(51,308 posts)Nor do they know anyone who served.
Warren DeMontague
(80,708 posts)the 1st Amendment.
One can consider the behavior beneath contempt and still recognize that the principle of free speech is paramount.
Either way, "someone takes it really seriously" isn't an excuse to censor speech- the same argument is made around flag burning.
Also reprehensible, also constitutionally protected. And the Constitution, including the principle of free expression, is part of what the flag represents. We should not destroy the idea to protect the symbol that represents it.
My idea to get around this, vis a vis medals, would be to make all medals issued henceforth by the US Military, property in perpetuity of the US military, on loan to the recipient. That way anyone who had one who didn't earn it, would be a thief.
Mariana
(15,626 posts)except for the last paragraph. My husband has his great grandfather's and great uncle's medals from WWI, and his father's medals from his service in the occupation after WWII. The uncle died in France, so his medals were awarded posthumously. Should the family not have received them on his behalf? Do you consider my husband a thief for his possession of these medals that he did not earn? Should they all be returned to the government?
Warren DeMontague
(80,708 posts)also recognizing the 1st Amendment.
As I wrote that, situations like you describe occurred to me. Obviously people who get their medals from fathers/grandfathers etc. aren't in the same category, but they also probably aren't the people who are wearing them under false pretenses.
I also don't know how common of an actual problem this is, sort of like flag burning.
I don't pretend to know the answers, but in regards to your last questions, no, no and no. Hope that clears it up.
Mariana
(15,626 posts)and I just can't seem to get worked up over it. People lie all the time about their pasts. If they're using it to commit actual fraud to gain materially, they should be prosecuted. But if they're just trying to impress people? Shouldn't be a crime. When they get found out they should be ridiculed relentlessly. That's good enough.
Warren DeMontague
(80,708 posts)jmowreader
(53,194 posts)Warren DeMontague
(80,708 posts)Travis_0004
(5,417 posts)I have no problem with this ruling. Somebody should have a right to wear a uniform they did not earn.
I however have the right to call them an asshole. I hope they are exposed as frauds. I do not support criminal prosecution.
GGJohn
(9,951 posts)and I see red when I hear about these stolen valor poseurs, I tend to let my emotions get the better of me.
Every time I run across one of these phony's, I call them out and shame them.
I guess that's worse than any criminal charge.
Docreed2003
(18,714 posts)Having served and personally witnessed true acts of valor, I cannot abide by stolen valor. This is a slap in the face to all who have honorably served and to their accomplishments.
actslikeacarrot
(464 posts)...when I took my oath of enlistment I swore an oath to defend the constitution, and repugnant or unpopular speech is the speech that needs to be defended.
melman
(7,681 posts)The idea that it could be illegal to wear a medal is obviously unconstitutional.
GGJohn
(9,951 posts)then merciless shaming will have to do.
madinmaryland
(65,729 posts)But if they use it to defraud an employer to get a job, that is grounds for dismissal. IMMEDIATELY.
It is a crime if they use the medal to obtain federal benefits.
Democat
(11,617 posts)If they try to use a military uniform to gain authority, then it's a crime.
If they wear it because they love history, then have fun.
I am surprised that some DU members are against free speech in this case.
Tierra_y_Libertad
(50,414 posts)It went in the trash with my uniforms the day I finally got out.
hobbit709
(41,694 posts)Tierra_y_Libertad
(50,414 posts)I was tempted to tell them to shove it when they gave it to me, but the instinct of self preservation intervened.
However, I did get 30 days of mess-duty for stating my opinion of LBJ's war when asked to extend my enlistment to fight it.
hobbit709
(41,694 posts)"Know what I'm going to do when I get out?"
"No"
"I'm going to give free blow jobs to the first 10 people I meet just to get my self respect back"
I thought the Sergeant was going to explode.
ronnie624
(5,764 posts)because being young, gullible and easily intimidated, I would have doubtless gone along and helped in the slaughter of the Indochinese peoples and the decimation of their countries, just like most of the other young men who were drafted. I know myself well enough to be certain, however, that I would have never been proud of what I had done.
MohRokTah
(15,429 posts)Nye Bevan
(25,406 posts)I agree with this ruling. It's enough that it's still a crime to pretend to have served or won a medal to obtain any tangible benefit.
X_Digger
(18,585 posts)AngryAmish
(25,704 posts)The USMC gave me the Iron Cross for bravery at the Battle of Ankara.
Liberal_in_LA
(44,397 posts)ronnie624
(5,764 posts)Worshiping the military leads to nothing good.
GGJohn
(9,951 posts)so I'll leave it to your imagination what I want to say.
cwydro
(51,308 posts)That post just isn't worth responding to.
ronnie624
(5,764 posts)it could be just about anything.
The underlying assumption of your posts on this topic, indicate a belief that those who serve in the military are deserving of special consideration and treatment. That'a a chauvinistic and illogical view, in my opinion.
GGJohn
(9,951 posts)ronnie624
(5,764 posts)you can manage a coherent reply.
Why are military people so special, in your view?
lancer78
(1,495 posts)but the American soldier has not fought to protect our freedom since WW2.
hobbit709
(41,694 posts)ronnie624
(5,764 posts)and this truth is clearly expressed by laws that criminalize something that is obviously a matter of speech. The invective by posters here, is also a strong indicator.
Mariana
(15,626 posts)When did veterans become so thin-skinned, wanting to have people locked up for this? I'm a veteran, and it's embarrassing to see other veterans throwing fits over such bullshit. Does some jerk wearing medals he bought somehow lessen the value of earned medals? No, it does not. The notion that it does is ridiculous. Good grief, be a grown up and laugh at the assholes who play pretend because they're so inadequate in their real lives. By all means spread the word that they're fakes. Meanwhile, be secure in the knowledge that your awards are genuine, and no one can take that away from you.

gratuitous
(82,849 posts)You're right.
CBGLuthier
(12,723 posts)That so-called liberals can't see this is astounding.
awake
(3,226 posts)Mariana
(15,626 posts)most of the time. You can sit in a bar and lie all day long, claiming to be a doctor or a lawyer, for example, and you're not breaking any law by doing so. Lying about being the recipient of medals should be no different.
You should probably look up the definition of libel, because wearing medals one didn't earn is not it by any stretch of the imagination.
awake
(3,226 posts)JonathanRackham
(1,604 posts)sarisataka
(22,695 posts)conveys a message so I assume that is protected as well...
Nye Bevan
(25,406 posts)ronnie624
(5,764 posts)Do you see how logic goes out the window with the worship of militarism?
Lizzie Poppet
(10,164 posts)...then I have a bad feeling that some of those "stolen valor" clowns are going to get a lot worse than pissed on. Like the Intensive Care kind of "worse." I'm not condoning that in the slightest (I agree with the decision: free speech has to trump offense at the assholish nature of the speech), just pointing out that a lot of vets aren't going to let that kind of thing lie.
jberryhill
(62,444 posts)Let me see if I understand this.
Wearing things on you clothes should be illegal, because it makes a group of people angry.
Unless of course someone wants to wear a swastika and have a Nazi parade, because that's free speech.
Can we have the "list of things that should be illegal to wear because it will make someone else upset"?
BlueJazz
(25,348 posts)lancer78
(1,495 posts)With plenty of people who support free speech, that this ruling is considered bullshit. Government is prohibited from interfering with your ability to wear and say what you want as long as there is not a "compelling interest" that has to be proved by the government. If this conviction had been upheld, then the government could pass any laws limiting speech or dress it wanted to. Say goodbye to BLM shirts, or anything with offensive language.
ronnie624
(5,764 posts)SwankyXomb
(2,030 posts)of some of the other positions taken on issues by the most vehement posters in this thread, a clear pattern will appear.
alcibiades_mystery
(36,437 posts)I put this in that category. Court prob got this right.
Warren DeMontague
(80,708 posts)The ruling is right. Doesn't mean that the behavior isn't reprehensible.
I would think maybe the way to get around it would be to make all medals issued henceforth the property of the US military, only loaned to the recipients. Then if someone had one who wasn't supposed to, it would be theft.
old guy
(3,299 posts)Seems rather pointless if anyone can lie about having earned one.
Mariana
(15,626 posts)that anyone could lie about having earned one. The "stolen valor" laws are a very recent phenomenon.
Logical
(22,457 posts)CBGLuthier
(12,723 posts)it is another step on the road to fascism. Shame people who are caught doing this but don't criminalize it.
Monk06
(7,675 posts)the recipient deserves said award
The opinion of the recipient is irrelevent and his right of expression is limited by the judgement of the authority in question.
If this were not true medals could not be rescinded which the most certainly can if new information regarding the earning of the award becomes available
This will go to the SC at the behest of the Military and it will be heard because they have legal standing
How could a Court of Appeal fall for such a silly argument?
anigbrowl
(13,889 posts)You are wondering how an appeals court could fall for such a silly argument; I am wondering how you missed the fact that the Supreme Court had already ruled on this and the appeal's court was simply bringing Swisher's case into line with that earlier ruling.
People who are no longer in the military are no longer subject to military authority and are not obliged to conform with UCMJ or orders of senior officers any more than civilians are. Horrible though the guy's behavior is the basic fact is that he's a civilian and he enjoys the same liberty to burn the flag or wear medals as fashion accessories or whatever he likes.
I certainly understand why you're so angry about it but your legal reasoning is groundless. Sorry.
Monk06
(7,675 posts)notion that wearing a medal is equilelant to freedom of expression is a patent absurdity.
Performing a nude ballet is not the same thing as wearing a medal awarded by military authorities for specific acts of service or bravery
My legal reasoning isn't at issue. The ruling is specious on its face. If any Tom Dick and Harry can wear a medal they have not earned then medals mean nothing
Same for lying. If it is acceptable to lie then the truth is meaninless
Aristus
(72,187 posts)Stolen valor is a dick thing to do, but one shouldn't go to jail for it. Endless, abject humiliation online in social forums? Oh hells yeah!
LittleBlue
(10,362 posts)Keep smacking down the authoritarians. As always, the offended will learn to tolerate the speech and expression of others one way or another.
God I love our legal system.
DisgustipatedinCA
(12,530 posts)I hate liars more than I could possibly describe on this page. They're useless, actively-harmful people, and they deserve to have their faces spat in. BUT, we have enshrined lies and liars very deeply into our everyday lives. Politicians (of both parties) lie to us as a matter of course. So why can't some scumbag loser lie about his non-military service when we have vaunted leaders lying their fucking asses off every day?
Lee-Lee
(6,324 posts)It should only be punishable by law when used to get some sort of unearned benefit- faking your way into VA benefits, getting a charity to donate to you based on false claims, getting a job ETC.
If it isn't that, then what they said in the ruling as essentially humiliation was the best remedy- people upset about it use thier freedom of speech to expose and humiliate them. And that's a whole subculture now of people doing just that. It's funny to watch these idiots squirm when exposed.
Democat
(11,617 posts)Or stopping people from wearing sports uniforms of teams that they have never played for?
The government should make more laws to tell people what they can and cannot wear.
DetlefK
(16,670 posts)"Okay, I printed out that fake diploma.
And that fake doctorate degree.
And I refered to myself as a doctor to others.
And that allowed me to take economic advantage of others by misling them into believing I'm a doctor.
But you can't take that "Dr" away from me: Even if it's a lie, it's still a message and the message is protected under the 1st Amendment."
"You get to be a doctor! And you get to be a doctor! Know what? I'm generous today! You get to be a professor! What would you prefer: Professor of constitutional studies? Professor of Biology and Intelligent Design? Professor of Climate-studies? You can be anything you want!"
Democat
(11,617 posts)You can't claim to be a teacher and attempt to get a job. Just like you can't pretend to have medals and attempt to benefit.
You can't prevent people from dressing up as things they are not or you would have to ban Halloween.
DetlefK
(16,670 posts)Nye Bevan
(25,406 posts)and protected by the First Amendment.
Practicing medicine without a license, on the other hand, is a crime.
Orrex
(67,111 posts)And, when people are caught, they're either fired from their jobs or, if they're millionaires anyway, they're given a six-figure bonus.
Also, military medals don't grant any particular authority other than prestige, so it's a mistake to equate them to state-granted certifications. So no, you can't simply print a diploma and treat patients. That has nothing to do with the current decision.
Mariana
(15,626 posts)to go around telling people you're a doctor when you aren't one. Pretending to be a doctor, professor, or anything else to impress people is legal. It is the same with pretending to have earned military medals. It is still illegal to fraudulently obtain benefits from such pretenses.
mountain grammy
(29,035 posts)Anyone who would misrepresent themselves this way deserves public shaming.
Donald Ian Rankin
(13,598 posts)The one situation in which I think it should be illegal (not specifically, but as part of a wider class of things that should be illegal) is if it's used to gain financial advantage.
Lying isn't a crime, but fraud is.
NYC Liberal
(20,453 posts)Lying in itself cannot be criminalized. If that were the case, Congress could pass a law making it a criminal offense to use a name other than your own, and then round up everyone on DU who doesn't use their real name.
Fraud is an entirely different issue, and has been illegal forever. Falsely claiming to be a veteran, or having earned a medal, to obtain money or benefits, would be fraud just the same as any other type of fraud.
PeoViejo
(2,178 posts)..for calling-in snacks on their own position.
valerief
(53,235 posts)tritsofme
(19,900 posts)Good decision.
MrScorpio
(73,772 posts)Somehow, I'm not surprised.
Nye Bevan
(25,406 posts)Like saying that the ACLU approves of the KKK because they supported their right to march. Or that a judge who strikes down a ban on flag-burning on First Amendment grounds hates the American flag.