Wearing unearned military medals now protected under 1st amendment

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**hotsauceman1**

http://www.inquisitr.com/2701459/stolen-valor-unearned-military-medals-1st-amendment/

Yesterday, the U.S. 9th Circuit Court of Appeals decided, in an 11-judge ruling, that the actions of an Idaho veteran of the U.S. Marines who was convicted under the Stolen Valor Act was protected by his rights under the First Amendment to the U.S. Constitution, and ordered that his conviction be overturned, according to the Los Angeles Times.
As a result, the portion of the Stolen Valor Act that deems it illegal for individuals to wear unearned military medals was found to be unconstitutional, and that wearing medals that one was not actually awarded is a protected form of “free speech,” according to NBC.

Ex-marine Elven Joe Swisher was said to have testified at a 2005 trial involving the planned murder of a federal judge while wearing a medal that he had not been awarded: a Purple Heart. Swisher was reportedly offered $10,000 to kill the judge by a man named David Roland Hinkson after he had told the man that he had been responsible for the deaths of “many men” in Korea. The judge Hinkson was reportedly targeting was said to have be adjudicating a case involving tax-evasion charges against him.
Additionally, the veteran was reported to have been photographed in 2007 wearing “the Silver Star, Navy and Marine Corps Ribbon, Purple Heart, and the Navy and Marine Corps Commendation Medal with a Bronze ‘V.’ ”
While Elven Joe Swisher did serve as a Marine and was said to have been honorably discharged in 1957, documents filed by prosecutors who convicted Swisher under the stolen valor legislation in 2007 were said to demonstrate that he had never been awarded any medals during his service at all.
image: http://cdn.inquisitr.com/wp-content/uploads/2016/01/Military-Medals-Unearned-Decorations-Protected-Under-1st-Amendment-670x388.jpg
Stolen valor: wearing unearned military medals deemed to be protected free speech under First Amendment to the U.S. Constitution.
A medal issued to a new U.S. Army recruit in October 2004. [Photo by Spencer Platt/Getty Images]
Further, documents were said to demonstrate that Swisher did not enlist in the Marines until one year after the Korean War ended; he was reportedly never wounded during his military service and could not have killed “many men” in the war, as he has reportedly suggested.
In 2012, the portion of Swisher’s stolen valor conviction relating to dishonest statements he made with regard to having been awarded the medals was overturned, which resulted in the law being rewritten. Yesterday’s decision is said to overturn the law once again, this time with regard to the actual act of wearing unearned military medals.
The circuit court judges’ ruling was said to have focused on the fact that wearing a military medal, even one that was not legitimately earned, conveys a message, earning it protection under the First Amendment.
After the version of the Stolen Valor Act that was signed into law by President George W. Bush in 2006 was struck down as unconstitutional in 2012, the rewritten legislation was signed into law by President Barack Obama in 2013, according to Stars and Stripes. While the newest version of the law allows people to wear and make claims about medals that they did not earn, it specifically prohibits people from profiting through the use of stolen valor, or claiming credit for unearned military awards; there is no indication that Swisher made any such attempts in the instances he was shown to wear unearned military medals.
image: http://cdn.inquisitr.com/wp-content/uploads/2016/01/Unearned-Military-Medals-First-Amendment-670x630.jpg
A circuit court of appeals has overturned the Stolen Valor Act conviction of Elven Joe Swisher for wearing unearned military medals.
U.S. President Barack Obama presents the Medal of Honor to Vietnam War veteran, Retired Army Sergeant First Class Jose Rodela, in Washington D.C. in 2014. [Photo by Joe Raedle/Getty Images]
In August 2015, a Canadian man, Frank Gervais, who appeared in a televised interview on Remembrance Day, the Canadian version of Veteran’s Day, while wearing an ill-assembled collection of military memorabilia that several Canadian service members spotted as being out-of-place, was sentenced to 50 hours of community service and 12 months of probation for his stolen valor, according the Toronto Star. There has been no word on any challenges to the Canadian Charter of Rights and Freedoms attempting to uphold Gervais’ right to free speech.
U.S. Marine Colonel Mitchell Paige, who lived from 1918 to 2003, was awarded at least 13 military medals, including the Medal of Honor, the Purple Heart, and the World War II Victory Medal. The colonel was reported to have single-handedly stopped an entire Japanese regiment in the Soloman Islands at the Battle of Guadalcanal in 1942 after the rest of his unit was either killed or too injured to continue fighting. In 1994, the retired Marine successfully lobbied U.S. Congress to pass legislation to make it an offense, carrying a $100,000 fine and up to one year in prison, for falsely wearing a U.S. Medal of Honor, as reported by USA

Read more at http://www.inquisitr.com/2701459/stolen-valor-unearned-military-medals-1st-amendment/#RTF7Lp7md8wQP7D3.99

**Ensis Ferrae**

Lol, the second picture in the article, the "medal" shown is a flippin "challenge coin" not a medal.

Just because it's metal doesn't mean its a medal

**d-usa**

It has been unconstitutional since 2012:

https://en.wikipedia.org/wiki/United_States_v._Alvarez

This is a simple case of "guy was convicted in 2007 for Stolen Valor, law was declared unconstitutional in 2012, guy has his conviction overturned".

**Ensis Ferrae**

d-usa wrote:
It has been unconstitutional since 2012:

https://en.wikipedia.org/wiki/United_States_v._Alvarez

This is a simple case of "guy was convicted in 2007 for Stolen Valor, law was declared unconstitutional in 2012, guy has his conviction overturned".

The article outlines how another piece of legislation for largely the same thing (some verbage changed) was passed and signed by Obama in 2013 (Thanks, Obama!)

Of course, the key difference between the Bush and Obama "stolen valor acts" is that in one, personal profit/money making/benefits must be gained by the individual.

**LordofHats**

It is still illegal under the Stolen Valor Act of 2013. The law was rewritten to exclude anyone who doesn't use false military credentials to gain money, benefits, etc. EDIT: Ninja'd.

**d-usa**

Well, even if he got monetary benefit from it (which I don't think he did), he was still convicted under the old law that was overturned. So there really isn't anything wrong with his conviction being overturned.

I don't know if clickbaity sites are counting on people thinking that the new version was overturned as well and that's why they are running with this, but there really isn't any news here IMO.

Edit: I read through the original article again, and while it kinda/sorta claims that this affects the 2013 version I really couldn't find anything to that effect. It really seems like it had to do more with his original conviction under the previous version and the subsequent SCOTUS ruling regarding that version and not much with the current version.

**LordofHats**

d-usa wrote:
Well, even if he got monetary benefit from it (which I don't think he did), he was still convicted under the old law that was overturned. So there really isn't anything wrong with his conviction being overturned.

I don't know if clickbaity sites are counting on people thinking that the new version was overturned as well and that's why they are running with this, but there really isn't any news here IMO.

Don't disagree.

Now for a real discussion, how bout that Congress repassing a law that SCOTUS just overturned to do pretty much the same thing the old law was doing with one additional caveat?

Obviously SCOTUS is just a bunch of liberal activist judges legislating from the bench, and Congress should totally ignore them when they say "you can't do this"

**d-usa**

LordofHats wrote:

Now for a real discussion, how bout that Congress repassing a law that SCOTUS just overturned to do pretty much the same thing the old law was doing with one additional caveat?

Well, I can see the reasoning where speech crosses the line and becomes fraud.

Now where does fraud begin and what is serious enough to merit persecution? That's another question.

Wear your fake jacket during the annual feast carnival as you drag yourself from restaurant to restaurant?

Work your fake medals into an interview to get a job?

Make money from speaking engagements?

Get a cut in the beer line at the football game?

Edit: replaced comic with a phallus free version...

**LordofHats**

d-usa wrote:

Wear your fake jacket during the annual feast carnival as you drag yourself from restaurant to restaurant?

I'd argue such instances are a civil matter, not a criminal matter. Especially since I've seen no compelling evidence that we're rampant with fake vets squeezing all the sweet deals businesses offer for vets. If someone tries to get government goodies, that's defrauding the government which is already a serious crime.

Other than sentimentality, is there any compelling reason to make lying about military service a special case?

Edit: replaced comic with a phallus free version...

Well obviously the first amendment protects our rights to use phallus' as symbols of the white man's privilege

**d-usa**

LordofHats wrote:

Other than sentimentality, is there any compelling reason to make lying about military service a special case?

Well, there is only so much valor to go around for everyone, and if someone steals it then somebody else has less of it and has to redeploy to get more.

Edit: replaced comic with a phallus free version...

Well obviously the first amendment protects our rights to use phallus' as symbols of the white man's privilege

Have you met our moderators? They answer to no earthly court!

**Howard A Treesong**

I don't have a problem with it being illegal. I can't see many occasions where it would be worn for purposes that weren't fraudulent on some level, whether it be getting a free meal or other gratuity, to serious profiteering through their deception.

**CptJake**

I personally stole all my valor. Some folks have too damned much and won't miss a bit here and there anyway. It isn't fair that natural cowards such as myself don't have our own valor.

As much as seeing folks wear stuff they did not earn annoys me, I was always against it being a crime to do so. There are already crimes against fraud, if someone flashes a fake MoH to get 5% off at Lowe's and get's caught, Lowe's can take them to court and some really froggy DA could decide to pursue criminal fraud charges (what a wondrously good use of tax payer dollars that would be!).

Obligatory 'Stolen and I Know It' video:

Spoiler:

Makes me laugh each time I see it.

**LordofHats**

CptJake wrote:

Obligatory 'Stolen and I Know It' video:

Spoiler:

Makes me laugh each time I see it.

That's pretty good

**BrotherGecko**

I find the stolen valor stuff amusing. I'd rather it be an inside joke amongst active duty and veterans than a law. For some reason I find the idea of a law a little too far.

A month ago I saw a guy at target sporting tennis shoes, ABU pants, some verison of ACU coat I've never seen before, mixed unit crests with regimental crests pinned to an OIF hat and walking with a fake limp and cane. I walked by him and gave him the look that said I knew and he scampered away.

That is about all I feel needs to happen.

Give vets an I.D. that identifies them as a vet or get it on your license to get discounts or just don't give discounts. The fakers will disappear real quick.

**Psienesis**

In certain cases, you can get your military ID renewed basically forever, if your given level of disability permits you to continue to use post facilities (like the PX).

Otherwise? I... don't really care if someone wants to pretend they were a soldier to get a dollar off a meal at the Cracker Barrel. I mean... there are much bigger things for vets to concern themselves with. Now, if they're fronting for an organization, political candidate, so on and so forth, then, yeah, that's a different matter, though my main interest in such cases is the simple exposure of the dishonesty of all involved.

**d-usa**

BrotherGecko wrote:

Give vets an I.D. that identifies them as a vet or get it on your license to get discounts or just don't give discounts. The fakers will disappear real quick.

Oklahoma let's you put a "Veteran" logo on you drivers license if you present your DD214 or VA ID card when you get a new license:

Spoiler:

**jasper76**

Howard A Treesong wrote:
I don't have a problem with it being illegal. I can't see many occasions where it would be worn for purposes that weren't fraudulent on some level, whether it be getting a free meal or other gratuity, to serious profiteering through their deception.

Although you may be correct in some cases, something tells me that a good chunk of people who want to dress up like a soldier just want attention. I'm surprised to hear that this type of speech was ever seriously considered to be unprotected bny the FIrst Amendment. If you're a soldier, sailor, vet, marine, etc and you let this stuff bother you, I think its time to get your own head checked.

**BrotherGecko**

Psienesis wrote:In certain cases, you can get your military ID renewed basically forever, if your given level of disability permits you to continue to use post facilities (like the PX).

Otherwise? I... don't really care if someone wants to pretend they were a soldier to get a dollar off a meal at the Cracker Barrel. I mean... there are much bigger things for vets to concern themselves with. Now, if they're fronting for an organization, political candidate, so on and so forth, then, yeah, that's a different matter, though my main interest in such cases is the simple exposure of the dishonesty of all involved.

Fraud is fraud, we don't really need special military fraud laws. The general stuff is probably adequate. Exposure works for me but mainly on those that are trying to gain from it in some way. Some guy on the street should just be left to his cosplay.

Had a buddy run into a guy playing airsoft all tacticooled out. Had a bajillion (his words) unit patches on his arms. My buddy pointed out that it doesn't work that way. The dude said he just likes them and the both shrugged an went on their way. I prefer that stuff than trying to slam him for appropriation of military culture. I'm not going to play the you can't have because you didn't earn it game with people, yah know?

d-usa wrote:
BrotherGecko wrote:

Give vets an I.D. that identifies them as a vet or get it on your license to get discounts or just don't give discounts. The fakers will disappear real quick.

Oklahoma let's you put a "Veteran" logo on you drivers license if you present your DD214 or VA ID card when you get a new license:

Spoiler:

In Michigan you can do it too. I have veteran on my license and veteran on my plates. The plates mostly to reduce my ticket chances (I'm not above making use of some perks lol) and maybe to dare a ISISwannabe lol. The license because I had to get it renewed and for free Veteran's Day noms (still not above it lol), though I've never looked for discounts.....I find it embarrassing and mildly like holding my hand out and begging. I wasn't in long enough and never got to go through what a lot of other people have at war, everytime I see a veteran's discount I think about those people and just pay full price.

**Psienesis**

That's basically what I'm saying. There's already laws to protect people from fraud though I am not sure if they cover the scenario I described (and, if not, they should, regardless of whether it's someone pretending to be a veteran, an NBA star, a doctor or anything else, it's still a sort of false advertising).

**hotsauceman1**

jasper76 wrote:
Howard A Treesong wrote:
I don't have a problem with it being illegal. I can't see many occasions where it would be worn for purposes that weren't fraudulent on some level, whether it be getting a free meal or other gratuity, to serious profiteering through their deception.

Although you may be correct in some cases, something tells me that a good chunk of people who want to dress up like a soldier just want attention. I'm surprised to hear that this type of speech was ever seriously considered to be unprotected bny the FIrst Amendment. If you're a soldier, sailor, vet, marine, etc and you let this stuff bother you, I think its time to get your own head checked.

Here is is the thing I have always found weird about Stolen valor. No other for of pretending to be something is being asked to be protected. No one is asking for it to be illegal to pretend to have a PhD, or for it to be illegal to pretend to be a blackbelt. The only ones are fire/policeman because they are in positions of power, but out in the civilian world, veterans are not considered to be in a source of power. What makes them so special that they need to be protected from posers?

**jasper76**

hotsauceman1 wrote:

Here is is the thing I have always found weird about Stolen valor. No other for of pretending to be something is being asked to be protected. No one is asking for it to be illegal to pretend to have a PhD, or for it to be illegal to pretend to be a blackbelt. The only ones are fire/policeman because they are in positions of power, but out in the civilian world, veterans are not considered to be in a source of power. What makes them so special that they need to be protected from posers?

In my now long-dated experience, there was a certain minority amongst servicemen that invested too much of their self worth and identity into the military.

I remember on these OT threads a while back there was a video being discussed where a soldier identified a "stolen valor guy" shopping at a mall, and proceeded to use his own very young child to dupe the offender, and once the gig was up, he then berated him in front of his wife and child, and posted it on youtube, like he was some kind of hero for embarrassing himself, his family, and someone else in public.

I'm sure in that guys head, he was protecting something worth protecting, but it ended up seeming like the offended was in much worse mental shape than the offender.

**d-usa**

BrotherGecko wrote:
though I've never looked for discounts.....I find it embarrassing and mildly like holding my hand out and begging. I wasn't in long enough and never got to go through what a lot of other people have at war, everytime I see a veteran's discount I think about those people and just pay full price.

I volunteered for about 5 years as a firefighter. I did have fancy FF plates on my car, which probably saved my bacon a time or two when I got pulled over

.

If we were on duty (we actually had assigned shifts at the firehouse) and went somewhere to eat it was always nice if we got a "drinks are free" or "10% off the order" perks. But we never asked for them and we never acted like we expected it. It didn't matter if this is the 20th time that you have gone to this Subway, you still try to pay for that drink, you still say "thank you very much" with the same sincerity that you did the very first time, and you damn sure don't ask "where is my free drink" if for some reason you don't get it. We all made sure that the rookies knew that rule as well and anybody that dared to ask "is there a discount for firefighters" near one of us senior guys was in for an earful on the ride to the station and we would have some freshly washed trucks in a couple hours.

**jhe90**

Things like medal of honour are protected i think.

But faking that would be so low your looking up at the earths crust.

**Ensis Ferrae**

BrotherGecko wrote:

Give vets an I.D. that identifies them as a vet or get it on your license to get discounts or just don't give discounts. The fakers will disappear real quick.

We sort of do, if you have the "VA Health Benefits ID Card" or whatever it's official VA name is

Where I have problems with stolen valor, and this is somewhat recent that I saw this: A buddy of mine posted his story on my MOS Facebook page, seeking advice for what he should do.

It came that time for him to renew his drivers' license, so he heads down to the DMV (he made two trips, because the first day, he went late in the day and it was near closing, they told him that he wouldn't have been seen that day, but he saw a sign that pertained to him, so it allowed him to come prepared). His number gets called, and he says he needs to renew his license with endorsements, etc. The lady at the counter asks for his alternative IDs. Now, the sign he saw the day before mentioned that if he used his DD214, there was some "specialness" that happened (maybe it was the Vet identifier on the license, or a reduction in fees, whatever), so he provides a copy of his to the lady at the counter and she just goes off... She's screaming and yelling "STOLEN VALOR!!! WE GOT SOME STOLEN VALOR HERE!! I Hope you're ashamed of yourself, SIR, because my nephew is in basic and blah blah blah" 10 minute tirade type gak. He tries to interject and tell her that his DD214 was the updated form printed from the eform online (which is true, they updated the form in AUG 2009, or so my own 214 says

), and when she continues to just yell and berate him, he asks for the manager... "NO I will not get the MANAGER"

Long story short, here's a Vet. An honest to goodness, real vet who's honorably served his country for more than a decade, and deployed on numerous occasions, unable to simply update his license because some pre-Kim Davis ignoramus wants to try and prove themselves. He said he left the DMV nearly in tears, because he'd never had such a reaction before... Both in sadness as well as rage, because obviously he wanted to leap across the desk and throttle the B... but he claims the worst part was actually that walk from the counter, through the waiting area back to his vehicle. Simply because he was basically unable to explain and defend himself.

**d-usa**

My experience:

Stolen Valor makes you look like an idiot.
Calling out Stolen Valor makes you look like an donkey-cave.

**CptJake**

Ensis Ferrae wrote:
BrotherGecko wrote:

Give vets an I.D. that identifies them as a vet or get it on your license to get discounts or just don't give discounts. The fakers will disappear real quick.

We sort of do, if you have the "VA Health Benefits ID Card" or whatever it's official VA name is

Where I have problems with stolen valor, and this is somewhat recent that I saw this: A buddy of mine posted his story on my MOS Facebook page, seeking advice for what he should do.

It came that time for him to renew his drivers' license, so he heads down to the DMV (he made two trips, because the first day, he went late in the day and it was near closing, they told him that he wouldn't have been seen that day, but he saw a sign that pertained to him, so it allowed him to come prepared). His number gets called, and he says he needs to renew his license with endorsements, etc. The lady at the counter asks for his alternative IDs. Now, the sign he saw the day before mentioned that if he used his DD214, there was some "specialness" that happened (maybe it was the Vet identifier on the license, or a reduction in fees, whatever), so he provides a copy of his to the lady at the counter and she just goes off... She's screaming and yelling "STOLEN VALOR!!! WE GOT SOME STOLEN VALOR HERE!! I Hope you're ashamed of yourself, SIR, because my nephew is in basic and blah blah blah" 10 minute tirade type gak. He tries to interject and tell her that his DD214 was the updated form printed from the eform online (which is true, they updated the form in AUG 2009, or so my own 214 says ), and when she continues to just yell and berate him, he asks for the manager... "NO I will not get the MANAGER"

Long story short, here's a Vet. An honest to goodness, real vet who's honorably served his country for more than a decade, and deployed on numerous occasions, unable to simply update his license because some pre-Kim Davis ignoramus wants to try and prove themselves. He said he left the DMV nearly in tears, because he'd never had such a reaction before... Both in sadness as well as rage, because obviously he wanted to leap across the desk and throttle the B... but he claims the worst part was actually that walk from the counter, through the waiting area back to his vehicle. Simply because he was basically unable to explain and defend himself.

He should be sharing that story with the state district congress critter and his federal district congress critter, along with the local papers or news station to save some other poor bastard from having to go through it.

**Ensis Ferrae**

CptJake wrote:

He should be sharing that story with the state district congress critter and his federal district congress critter, along with the local papers or news station to save some other poor bastard from having to go through it.

I agree, but after he ended up going back, he did relay to us that it was the manager him/herself who personally helped him (and they were very fast about it... opposite of the usual stereotype of DMV processing

) and that while sitting there the manager informed him that he didn't have to "worry" that she wasn't working there any more

Based on that, I can only surmise that it either wasn't her only offense on record, or that a number of other people also called in that day to complain about her.

**LordofHats**

She should be fired. Even if it was a case of Stolen Valor, that kind of reaction is uncalled for an unacceptable. I'm sorry we don't give out medals for yelling "Fake medal" at the top of your lungs.

**CptJake**

Good. I know had I been there and seen something like that going on I probably would have been arrested for the gak storm I would have started. I would have started politely but I don't embarrass or back down easily.

**BrotherGecko**

Agreed, if I saw a state employee act that way I'd go 9ut of my way to see them working a new job.