False medal claims: Crime or just lying?
ByFeb 7 2010
Is lying about military service and claiming to have won a medal a crime or just bragging that is covered by freedom of speech?
That’s a question facing federal courts right now as they struggle to deal with those who lie about being war heroes.
The question tests the validity of the Stolen Valor Act, a law passed by Congress three years ago that makes it a federal crime to falsely claim to have received a medal from the military. Those convicted face up to a year in jail even if they haven’t profited from the lie.
Constitutional scholar Jonathan Turley of George Washington University Law School says the law could violate the First Amendment protections of free speech because it, in effect, makes it illegal for someone to brag.
“Half the pickup lines in bars across the country could be criminalized under the concept,” Turley says.
So could the claims of many politicians.
The law sailed through Congress in 2006 and dozens have been arrested over the least three years. Most were simply caught lying and had not tried to profit from the lie. Defense attorneys say the law is questionable because it does not require the lie to be part of any attempt at financial gain. Turley suggests that if someone lies about a medal as part of a profit scheme they should be charged with fraud.
Rick Glen Strandlog claimed he was an ex-Marine wounded in Iraq and said he received the Purple Heart and Silver Star. He started an organization in Colorado Springs that helped homeless veterans.
Military officials said they had no record that he ever served. He has pleaded not guilty, and a judge is considering whether to throw out the charge because Strandlog apparently never profited from the lie.
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As a retired soldier, I resent anyone lying about a military award.It should be a crime.
Contrary to the Professor’s comment this is not about “Bar pick-up lines”.
Military veterans rarely bragg about decorations. Most are humble and aware of the suffering and horror that accompany some of these awards.
As a person, I resent anyone lying. Too bad life is so complicated and so many think lying is okay. It should never be okay, or necessary.
I would say the legislation is unconstitutional, it is certainly a violation of the persons natural right to express himself (even if with a lie) as long as no one has been the target of fraud, and it is not a crime.
In all probability it is beening used to target those who are politically afoul of the powers that be, and of course the prostitutes that passed it, did so as a gratuitous suck-up to those voters stupid enough to fall for the “support the troops” crap and other shallow, cheap appeals to faux patriotism.;-)
Yours,
Issodhos
My sentiments towards Rick Strandlog is simply that he’s a little man excercising his bragging rights through the time dishonored tradition of lying.
If he had simply done so for “bar pickups”etc., then no harm done, but he formed an org to help vets and applied for grant money with supposedly no benefit to him. This situation relatively speaking is benign, but when such claims to military service along with decorations involves folks running for office etc., then it moves into the zone of “consumer fraud”;ie., citizens being duped by campaign trail liars etc. It’s happened before concerning many levels of office throughout this land; ie., city, county, state and federal level.
I wasn’t aware of this 2005 law which goes to prove ever-busy crimpols are always pushing some sorry form of legislation through with most of us not even aware until it bites us in the a** bigtime or in this case seemingly a tempest in a teapot.
Carl Nemo **==
I am a Marine veteran myself. As much as I despise those that create stories of missions accomplished and medals “won”. I have to side with the Constitution on this. I don’t think there should be a law in place to control the words coming from the mouths of our public. No matter how much diarria spills from it.
Well said Marine, and as an old D.I. once related to me,
Don’t get carried away,
And then get, carried away…Allons..
But if we didn’t have laws to sequester nonconforming behavior, then our multitude of culturally revered groupthink conditioning efforts would be nullified.
I spent four years and a recall to Desert Storm in the Corps with an 0311 as my primary. They gave me a good cookie and a few ribbons. Nothing major, but I earned whatever I pinned to my uniform.
Still, I think this law is complete BS. Pure chaffe.
What a bright day that would be! Don’t be scared that faint sound you hear is nothing to be affraid of, that their is the sound of liberty. Much too quiet still but not yet killed off.