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Liberal_in_LA

(44,397 posts)
Mon Jan 11, 2016, 09:51 PM Jan 2016

Wearing 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 didn’t 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 Swisher’s 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

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Wearing unearned medals is protected by 1st Amendment, appeals court rules (Original Post) Liberal_in_LA Jan 2016 OP
This is BULLSHIT!!!!! GGJohn Jan 2016 #1
^ What he said! Docreed2003 Jan 2016 #3
Not just A medal. It was the Purple Heart. pinboy3niner Jan 2016 #8
That makes it even worse in my eyes. GGJohn Jan 2016 #10
He also has worn other medals, including the Silver Star pinboy3niner Jan 2016 #23
Jeez, and this poseur thought he'd get away with this? GGJohn Jan 2016 #25
Agreed DustyJoe Jan 2016 #50
I understand your anger, but I think criminalizing the wearing of fake medals went too far. NutmegYankee Jan 2016 #11
If they can't be criminally punished, GGJohn Jan 2016 #16
Shame is always legal. NutmegYankee Jan 2016 #22
That's the way to go. Orsino Jan 2016 #93
The defendant claimed: Silver Star, Purple Heart, Navy & Marine Corps Medal with Gold Star, & more Liberal_in_LA Jan 2016 #12
Navy and Marine Corps Medal with Gold Star? jmowreader Jan 2016 #81
...and wrote a book about his (imaginary) exploits Liberal_in_LA Jan 2016 #100
I saw that too jmowreader Jan 2016 #101
So that means anyone GP6971 Jan 2016 #13
I think people who wear unearned medals are a tad nuts. Just a little off---and I'm serious. virgogal Jan 2016 #33
A "tad" is too kind GP6971 Jan 2016 #43
Like these guys? hughee99 Jan 2016 #73
At least he made himself an Admiral. Hassin Bin Sober Jan 2016 #97
I do too Duckhunter935 Jan 2016 #28
K&R JonathanRackham Jan 2016 #76
Posers, fairly obvious, and mostly harmless. hunter Jan 2016 #98
After reading all the comments, including yours, and having slept on it, GGJohn Jan 2016 #99
How about Nazi uniforms jberryhill Jan 2016 #105
Please see post #99. eom. GGJohn Jan 2016 #106
I can't believe this. cwydro Jan 2016 #2
Whoever made that ruling has no freaking clue how seriously we, as vets, GGJohn Jan 2016 #4
My first thought was that... 3catwoman3 Jan 2016 #20
It is a slap in the face to those who serve and have served LastLiberal in PalmSprings Jan 2016 #29
I'd be willing to bet on it. cwydro Jan 2016 #34
I'm sure it's taken seriously, but one of the things vets fight to defend is the Constitution and Warren DeMontague Jan 2016 #55
I agree with what you said Mariana Jan 2016 #57
No, I'm just trying to brainstorm some way to respect the vets clear wishes on this matter while Warren DeMontague Jan 2016 #62
You know, I served in the Navy Mariana Jan 2016 #65
Good points, all. Warren DeMontague Jan 2016 #70
Then you raise the potential for a Soviet-style Stripping of Decorations scenario jmowreader Jan 2016 #82
Then approbation will have to do, because the 1st Amendment protects the right of people to do this. Warren DeMontague Jan 2016 #83
The law needs to be determined on the constitution, not feelings Travis_0004 Jan 2016 #56
Ok, you're right, it's just that every medal I earned and was awarded, I did it honestly GGJohn Jan 2016 #58
I'm astounded by this decision... Docreed2003 Jan 2016 #5
This might be unpopular, but I agree with the courts ruling... actslikeacarrot Jan 2016 #6
I agree melman Jan 2016 #14
Well, I disagree with you, but if they can't be criminally punished, GGJohn Jan 2016 #17
Any asshole can wander around with a medal they "say" they earned, even if it is lie... madinmaryland Jan 2016 #7
Agreed Democat Jan 2016 #86
I got a Good Conduct Medal after 4 looooong years. Tierra_y_Libertad Jan 2016 #9
I blew my chance at the Good Conduct about 5 months before I was eligible for it. hobbit709 Jan 2016 #18
Fortunately, most of my crimes went undiscovered. Tierra_y_Libertad Jan 2016 #21
One of my buddies gave the best answer to the retention interview hobbit709 Jan 2016 #27
I'm thankful I was not old enough to serve, ronnie624 Jan 2016 #78
So is shaming people who wear unearned medals as valor thieves. eom MohRokTah Jan 2016 #15
The First Amendment protects stuff that is repugnant as well as stuff that we all agree with. Nye Bevan Jan 2016 #19
Popular speech needs no protection- by definition. Much as I hate it in this case, I agree. n/t X_Digger Jan 2016 #24
Well, I can finally come out of the closet. AngryAmish Jan 2016 #26
Lol. Ok Liberal_in_LA Jan 2016 #75
Excellent. ronnie624 Jan 2016 #30
What I have to say to you would get me a hide and a time out, GGJohn Jan 2016 #32
Don't even bother. cwydro Jan 2016 #35
Judging by the 'logic' behind most of your posts, ronnie624 Jan 2016 #36
Your opinion, however putrid it is. eom. GGJohn Jan 2016 #37
Maybe after you puke, ronnie624 Jan 2016 #40
I admire their sacrifice lancer78 Jan 2016 #49
you think most of the vets here are worshipping the military? hobbit709 Jan 2016 #39
I think our culture worships militarism, ronnie624 Jan 2016 #44
These laws are a recent phenomenon. Mariana Jan 2016 #80
. sarisataka Jan 2016 #41
For what it's worth gratuitous Jan 2016 #45
It leads to fascism. That's how we have gotten where we are today. CBGLuthier Jan 2016 #60
So if it is "speech" then sue for libel and making false statements awake Jan 2016 #31
Making false statements isn't a crime Mariana Jan 2016 #63
Ya I did not think it through awake Jan 2016 #71
It only gets ya elected. JonathanRackham Jan 2016 #77
I think pissing on one of these pukes sarisataka Jan 2016 #38
Probably not, but ridiculing them on Youtube is probably even more effective: Nye Bevan Jan 2016 #42
That would be assault, which is illegal. ronnie624 Jan 2016 #47
If veterans don't have the law to turn to... Lizzie Poppet Jan 2016 #67
People are proud of, and offended by, lots of things jberryhill Jan 2016 #104
I couldn't do anything like that ..It's creepy. BlueJazz Jan 2016 #46
I am surprised in a Forum lancer78 Jan 2016 #48
+1. n/t ronnie624 Jan 2016 #51
If you take careful note SwankyXomb Jan 2016 #64
Lots of free speech is disgusting but not illegal alcibiades_mystery Jan 2016 #52
Simple fact is, the 1st Amendment protects your right to be a lying sack of shit. Warren DeMontague Jan 2016 #53
Will the government stop giving out medals? old guy Jan 2016 #54
It has always been the case Mariana Jan 2016 #69
If the person does not gain something from it I don't really care. Nt Logical Jan 2016 #59
Good ruling. Everytime they pass one of those laws that elevate one type of citizen above another CBGLuthier Jan 2016 #61
A medal is an award. It is the expressed opinion of an authorized body that determines whether Monk06 Jan 2016 #66
It's already been to the Supreme Court anigbrowl Jan 2016 #72
Well first I'm not angry. I'm a Canadian and this has no effect on me at all. I just think the Monk06 Jan 2016 #107
As a veteran, my attitude is the same as for flag burning: Aristus Jan 2016 #68
Sanity prevails LittleBlue Jan 2016 #74
I agree with this ruling. DisgustipatedinCA Jan 2016 #79
I think last time this went before SCOTUS they got it right Lee-Lee Jan 2016 #84
What about preventing non-Christians from wearing crosses? Democat Jan 2016 #85
Does that mean, it's legal for me to fake academic credentials? DetlefK Jan 2016 #87
You are free to wear a school uniform if you want Democat Jan 2016 #88
"Well, it's not my fault you didn't check my background whether I'm a real doctor." DetlefK Jan 2016 #90
Telling people I'm a doctor when I'm not is entirely legal, Nye Bevan Jan 2016 #92
That happens all the time. Orrex Jan 2016 #91
Actually, it's not illegal at all for you Mariana Jan 2016 #94
It's crap, it's offensive, and its dishonest, but it's legal. mountain grammy Jan 2016 #89
In most circumstances I think this is spot on. Donald Ian Rankin Jan 2016 #95
This is entirely the correct decision. NYC Liberal Jan 2016 #96
The Marsh Morans all legitimately deserve a medal PeoViejo Jan 2016 #102
Lying and Buying seems to be all our courts protect. nt valerief Jan 2016 #103
These people are scum. The First Amendment is there to protect scum. tritsofme Jan 2016 #108
The SCOTUS approves of stolen honor MrScorpio Jan 2016 #109
That's the most contemptible type of attack on freedom of speech. Nye Bevan Jan 2016 #110

GGJohn

(9,951 posts)
1. This is BULLSHIT!!!!!
Mon Jan 11, 2016, 09:55 PM
Jan 2016

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?

pinboy3niner

(53,339 posts)
8. Not just A medal. It was the Purple Heart.
Mon Jan 11, 2016, 10:07 PM
Jan 2016

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)
10. That makes it even worse in my eyes.
Mon Jan 11, 2016, 10:09 PM
Jan 2016

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)
23. He also has worn other medals, including the Silver Star
Mon Jan 11, 2016, 10:29 PM
Jan 2016
Marine Corps officials testified at the (original) trial that there was no record of Swisher having received any injuries or medals during his service. Prosecutors also presented a photograph that showed “Swisher wearing the Silver Star, the Navy and Marine Corps Ribbon, Purple Heart, Navy and Marine Corps Commendation Medal with a Bronze V, and the UMC Expeditionary Medal.”

http://www.metnews.com/articles/2015/swich052015.htm

GGJohn

(9,951 posts)
25. Jeez, and this poseur thought he'd get away with this?
Mon Jan 11, 2016, 10:33 PM
Jan 2016

At least he can be publicly shamed, which can be worse than a criminal conviction.

DustyJoe

(849 posts)
50. Agreed
Mon Jan 11, 2016, 11:22 PM
Jan 2016

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)
11. I understand your anger, but I think criminalizing the wearing of fake medals went too far.
Mon Jan 11, 2016, 10:11 PM
Jan 2016

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.

Orsino

(37,428 posts)
93. That's the way to go.
Tue Jan 12, 2016, 11:44 AM
Jan 2016

Incarceration and fines are ridiculous overkill, IMO. Conservative military fetishism leads to worthless criminalization.

 

Liberal_in_LA

(44,397 posts)
12. The defendant claimed: Silver Star, Purple Heart, Navy & Marine Corps Medal with Gold Star, & more
Mon Jan 11, 2016, 10:12 PM
Jan 2016

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)
81. Navy and Marine Corps Medal with Gold Star?
Tue Jan 12, 2016, 05:00 AM
Jan 2016

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?

jmowreader

(53,194 posts)
101. I saw that too
Tue Jan 12, 2016, 09:59 PM
Jan 2016

I wonder how it reads from a fictional standpoint, since by now we all know it is.

GP6971

(38,015 posts)
13. So that means anyone
Mon Jan 11, 2016, 10:14 PM
Jan 2016

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)
33. I think people who wear unearned medals are a tad nuts. Just a little off---and I'm serious.
Mon Jan 11, 2016, 10:46 PM
Jan 2016

GP6971

(38,015 posts)
43. A "tad" is too kind
Mon Jan 11, 2016, 11:10 PM
Jan 2016

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.

Hassin Bin Sober

(27,461 posts)
97. At least he made himself an Admiral.
Tue Jan 12, 2016, 02:56 PM
Jan 2016

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.

hunter

(40,691 posts)
98. Posers, fairly obvious, and mostly harmless.
Tue Jan 12, 2016, 02:58 PM
Jan 2016

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)
99. After reading all the comments, including yours, and having slept on it,
Tue Jan 12, 2016, 08:26 PM
Jan 2016

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)
105. How about Nazi uniforms
Tue Jan 12, 2016, 10:22 PM
Jan 2016

Are you okay with people who wear Nazi decorations, or should they have earned those too?
 

cwydro

(51,308 posts)
2. I can't believe this.
Mon Jan 11, 2016, 10:00 PM
Jan 2016

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)
4. Whoever made that ruling has no freaking clue how seriously we, as vets,
Mon Jan 11, 2016, 10:02 PM
Jan 2016

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)
20. My first thought was that...
Mon Jan 11, 2016, 10:25 PM
Jan 2016

...none of those who participated in this ruling had been in the military in any capacity.

29. It is a slap in the face to those who serve and have served
Mon Jan 11, 2016, 10:41 PM
Jan 2016

This asshole can shove his "Silver Star" where the sun don't shine.

Warren DeMontague

(80,708 posts)
55. I'm sure it's taken seriously, but one of the things vets fight to defend is the Constitution and
Mon Jan 11, 2016, 11:44 PM
Jan 2016

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)
57. I agree with what you said
Tue Jan 12, 2016, 12:00 AM
Jan 2016

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)
62. No, I'm just trying to brainstorm some way to respect the vets clear wishes on this matter while
Tue Jan 12, 2016, 12:14 AM
Jan 2016

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)
65. You know, I served in the Navy
Tue Jan 12, 2016, 12:24 AM
Jan 2016

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)
83. Then approbation will have to do, because the 1st Amendment protects the right of people to do this.
Tue Jan 12, 2016, 05:13 AM
Jan 2016
 

Travis_0004

(5,417 posts)
56. The law needs to be determined on the constitution, not feelings
Tue Jan 12, 2016, 12:00 AM
Jan 2016

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)
58. Ok, you're right, it's just that every medal I earned and was awarded, I did it honestly
Tue Jan 12, 2016, 12:07 AM
Jan 2016

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)
5. I'm astounded by this decision...
Mon Jan 11, 2016, 10:04 PM
Jan 2016

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)
6. This might be unpopular, but I agree with the courts ruling...
Mon Jan 11, 2016, 10:05 PM
Jan 2016

...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)
14. I agree
Mon Jan 11, 2016, 10:14 PM
Jan 2016

The idea that it could be illegal to wear a medal is obviously unconstitutional.

GGJohn

(9,951 posts)
17. Well, I disagree with you, but if they can't be criminally punished,
Mon Jan 11, 2016, 10:18 PM
Jan 2016

then merciless shaming will have to do.

madinmaryland

(65,729 posts)
7. Any asshole can wander around with a medal they "say" they earned, even if it is lie...
Mon Jan 11, 2016, 10:05 PM
Jan 2016

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)
86. Agreed
Tue Jan 12, 2016, 08:12 AM
Jan 2016

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)
9. I got a Good Conduct Medal after 4 looooong years.
Mon Jan 11, 2016, 10:08 PM
Jan 2016

It went in the trash with my uniforms the day I finally got out.

 

Tierra_y_Libertad

(50,414 posts)
21. Fortunately, most of my crimes went undiscovered.
Mon Jan 11, 2016, 10:27 PM
Jan 2016

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)
27. One of my buddies gave the best answer to the retention interview
Mon Jan 11, 2016, 10:37 PM
Jan 2016

"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)
78. I'm thankful I was not old enough to serve,
Tue Jan 12, 2016, 02:20 AM
Jan 2016

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.

Nye Bevan

(25,406 posts)
19. The First Amendment protects stuff that is repugnant as well as stuff that we all agree with.
Mon Jan 11, 2016, 10:23 PM
Jan 2016

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)
24. Popular speech needs no protection- by definition. Much as I hate it in this case, I agree. n/t
Mon Jan 11, 2016, 10:32 PM
Jan 2016
 

AngryAmish

(25,704 posts)
26. Well, I can finally come out of the closet.
Mon Jan 11, 2016, 10:36 PM
Jan 2016

The USMC gave me the Iron Cross for bravery at the Battle of Ankara.

GGJohn

(9,951 posts)
32. What I have to say to you would get me a hide and a time out,
Mon Jan 11, 2016, 10:44 PM
Jan 2016

so I'll leave it to your imagination what I want to say.

ronnie624

(5,764 posts)
36. Judging by the 'logic' behind most of your posts,
Mon Jan 11, 2016, 10:55 PM
Jan 2016

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.

ronnie624

(5,764 posts)
40. Maybe after you puke,
Mon Jan 11, 2016, 11:04 PM
Jan 2016

you can manage a coherent reply.

Why are military people so special, in your view?

 

lancer78

(1,495 posts)
49. I admire their sacrifice
Mon Jan 11, 2016, 11:21 PM
Jan 2016

but the American soldier has not fought to protect our freedom since WW2.

ronnie624

(5,764 posts)
44. I think our culture worships militarism,
Mon Jan 11, 2016, 11:11 PM
Jan 2016

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)
80. These laws are a recent phenomenon.
Tue Jan 12, 2016, 04:17 AM
Jan 2016

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.

CBGLuthier

(12,723 posts)
60. It leads to fascism. That's how we have gotten where we are today.
Tue Jan 12, 2016, 12:12 AM
Jan 2016

That so-called liberals can't see this is astounding.

Mariana

(15,626 posts)
63. Making false statements isn't a crime
Tue Jan 12, 2016, 12:17 AM
Jan 2016

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.

sarisataka

(22,695 posts)
38. I think pissing on one of these pukes
Mon Jan 11, 2016, 10:57 PM
Jan 2016

conveys a message so I assume that is protected as well...

ronnie624

(5,764 posts)
47. That would be assault, which is illegal.
Mon Jan 11, 2016, 11:15 PM
Jan 2016

Do you see how logic goes out the window with the worship of militarism?

 

Lizzie Poppet

(10,164 posts)
67. If veterans don't have the law to turn to...
Tue Jan 12, 2016, 12:29 AM
Jan 2016

...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)
104. People are proud of, and offended by, lots of things
Tue Jan 12, 2016, 10:20 PM
Jan 2016

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"?
 

lancer78

(1,495 posts)
48. I am surprised in a Forum
Mon Jan 11, 2016, 11:18 PM
Jan 2016

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.

SwankyXomb

(2,030 posts)
64. If you take careful note
Tue Jan 12, 2016, 12:22 AM
Jan 2016

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)
52. Lots of free speech is disgusting but not illegal
Mon Jan 11, 2016, 11:36 PM
Jan 2016

I put this in that category. Court prob got this right.

Warren DeMontague

(80,708 posts)
53. Simple fact is, the 1st Amendment protects your right to be a lying sack of shit.
Mon Jan 11, 2016, 11:38 PM
Jan 2016

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)
54. Will the government stop giving out medals?
Mon Jan 11, 2016, 11:44 PM
Jan 2016

Seems rather pointless if anyone can lie about having earned one.

Mariana

(15,626 posts)
69. It has always been the case
Tue Jan 12, 2016, 12:32 AM
Jan 2016

that anyone could lie about having earned one. The "stolen valor" laws are a very recent phenomenon.

CBGLuthier

(12,723 posts)
61. Good ruling. Everytime they pass one of those laws that elevate one type of citizen above another
Tue Jan 12, 2016, 12:14 AM
Jan 2016

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)
66. A medal is an award. It is the expressed opinion of an authorized body that determines whether
Tue Jan 12, 2016, 12:26 AM
Jan 2016

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)
72. It's already been to the Supreme Court
Tue Jan 12, 2016, 01:18 AM
Jan 2016

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)
107. Well first I'm not angry. I'm a Canadian and this has no effect on me at all. I just think the
Tue Jan 12, 2016, 10:40 PM
Jan 2016

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)
68. As a veteran, my attitude is the same as for flag burning:
Tue Jan 12, 2016, 12:31 AM
Jan 2016

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)
74. Sanity prevails
Tue Jan 12, 2016, 01:50 AM
Jan 2016

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)
79. I agree with this ruling.
Tue Jan 12, 2016, 02:25 AM
Jan 2016

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)
84. I think last time this went before SCOTUS they got it right
Tue Jan 12, 2016, 07:40 AM
Jan 2016

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)
85. What about preventing non-Christians from wearing crosses?
Tue Jan 12, 2016, 08:10 AM
Jan 2016

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)
87. Does that mean, it's legal for me to fake academic credentials?
Tue Jan 12, 2016, 08:26 AM
Jan 2016

"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)
88. You are free to wear a school uniform if you want
Tue Jan 12, 2016, 09:32 AM
Jan 2016

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)
90. "Well, it's not my fault you didn't check my background whether I'm a real doctor."
Tue Jan 12, 2016, 11:16 AM
Jan 2016

Nye Bevan

(25,406 posts)
92. Telling people I'm a doctor when I'm not is entirely legal,
Tue Jan 12, 2016, 11:28 AM
Jan 2016

and protected by the First Amendment.

Practicing medicine without a license, on the other hand, is a crime.

Orrex

(67,111 posts)
91. That happens all the time.
Tue Jan 12, 2016, 11:26 AM
Jan 2016

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)
94. Actually, it's not illegal at all for you
Tue Jan 12, 2016, 01:58 PM
Jan 2016

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)
89. It's crap, it's offensive, and its dishonest, but it's legal.
Tue Jan 12, 2016, 09:58 AM
Jan 2016

Anyone who would misrepresent themselves this way deserves public shaming.

Donald Ian Rankin

(13,598 posts)
95. In most circumstances I think this is spot on.
Tue Jan 12, 2016, 02:46 PM
Jan 2016

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)
96. This is entirely the correct decision.
Tue Jan 12, 2016, 02:49 PM
Jan 2016

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)
102. The Marsh Morans all legitimately deserve a medal
Tue Jan 12, 2016, 10:00 PM
Jan 2016

..for calling-in snacks on their own position.

Nye Bevan

(25,406 posts)
110. That's the most contemptible type of attack on freedom of speech.
Tue Jan 12, 2016, 11:45 PM
Jan 2016

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.

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