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Supreme Court strikes down Stolen Valor law

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posted on Jun, 28 2012 @ 09:43 AM

In the undercard to the Supreme Court’s momentous healthcare decision Thursday, the court ruled that the Stolen Valor Act, making it a crime to lie about winning military honors, was unconstitutional.

The court struck down the law, passed by Congress under President George W. Bush, ruling in a 6-3 decision that it violated the First Amendment protections on free speech.

But the court did say that the law the act has “substantial justification,” and could be rewritten by Congress in a narrower fashion, something that lawmakers are likely to attempt.

“The First Amendment risks flowing from the Act’s breadth of coverage could be diminished or eliminated by a more finely tailored statute, for example, a statute that requires a showing that the false statement caused specific harm or is focused on lies more likely to be harmful or on contexts where such lies are likely to cause harm,” the court wrote.

Stolen Valor Act struck down

If this is unconstitutional, then the healthcare bill is surely unconstitutional, but it seems that the SCOTUS doesn't see it the same way. What do you guys think about this? Should people be legally allowed to lie about military service?

posted on Jun, 28 2012 @ 09:59 AM
I don't know. Is it just about people lying about HAVING won honors, or should it also apply to those who lie and deny that they were honored?

What about "Stripes" the Bill Murray movie or other movies that depict fictional military honors, would stuff like fall into the bill, creative expression?

If someone claims to have given honors, but never served, aren't there easily accessed records to verify or debunk the claim, like a college degree?

I don't see how this SCOTUS decision has anything to do will health care, and the mandatory coverage blanket. One is freedom of speech , the other is................? I really don't know what amendment that falls under.

edit on 28-6-2012 by windword because: reword from service to honors. [Not sure if STRIPES depicted honors)

posted on Jun, 28 2012 @ 10:02 AM
This proposition has always been a a catch-22 for me. Lying isn't a crime in most cases. Neither is being unethical. As a Veteran, it makes me angry. As a free citizen, I have to say chalk one up for the 1st amendment.

These kinds of things have a way of working themselves out in the wash though. Posers are usually quickly outed, and there are legions of old timers with nothing better to do than vet these clowns.

posted on Jun, 28 2012 @ 10:10 AM
If they outlawed lying in the US, that would put a whole lot of politicians out of business.

Horrible ruling if you ask me.

Nobody should have licence to tell lies under the so called "freedom of expression."

I wonder what this means for truth in advertizing laws?

edit on 6/28/12 by FortAnthem because:
_________ extra DIV

posted on Jun, 28 2012 @ 10:28 AM
I would feel it is misrepresentation at the most and should be punishable only if it is used for personal gain.The offender would be punished based on his or her used of that fiction,If you made to congress that is prison tome if you use it to get monetary gain that is complete refunding and a fine.

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