This has to be one of the most revolting things I've read in years. The last sentence in the article states "
there's a good chance it will be appealed all the way to the Supreme Court." A good chance...
You think?!
www.sandiego6.com/news/local/story/...7GUCHnU0BA.cspx
Here's the text in case the article disappears...
SAN DIEGO - When is it your constitutional right to tell a lie? According to a new ruling, it is now illegal to punish someone for lying about their military service.
Pomona Water District Commissioner Xavier Alvarez introduced himself to constituents as a Medal of Honor winner who served 25 years as a Marine -- both lies.
He was charged under the Stolen Valor Act which makes it illegal to lie about military medals. It's the same act Ramona's David Weber was convicted under when he falsely wore Purple Hearts.
And a man who brought attention to homeless veterans in Colorado Springs was arrested in San Diego in 2009 on a federal charge of lying about being a decorated veteran. Richard Glen Strandlof claimed he was a Marine captain named Rick Duncan who had lost four men under his command in an attack in Iraq, was wounded there, and earned a Purple Heart and a Silver Star Medal. Strandlof later allegedly told an investigator he never served in the military.
Now, two Republican-appointed judges on the Ninth Circuit say the Stolen Valor Act is unconstitutional.
"The court said even speech that's offensive can be protected by the First Amendment," explained Sean Riordan, a staff attorney for the ACLU. "Part of the court's rational is there is a very limited universe of speech that the government can regulate through criminal sanctions."
The court warns of a slippery slope of "criminalizing lying about one's height, weight, age, or financial status on match.com or Facebook."
Lt. Col. Peter Lynch, who won a Bronze Medal for his service in Iraq and Afghanistan says the decision is not only offensive for him as a Marine but also as an attorney.
"Certain lies are criminal lies and this is one that should be, I don't make it any different than obscenity laws or fraud," said Lynch. "The Medal of Honor is the highest award our country gives. Period. For him to claim he was entitled to it is outrageous."
But Xavier Alvarez doesn't walk free. He's already in prison for a separate charge of defrauding the water district he was working for.
As for this case, there's a good chance it will now be appealed to the Supreme Court.
Article Ends
