US court: Wearing unearned military medals is free speech

[Judi Lynn]

Source: Associated Press

US court: Wearing unearned military medals is free speech
By PAUL ELIAS
Jan. 11, 2016 6:11 PM EST

SAN FRANCISCO (AP) — A federal appeals court on Monday tossed out a veteran's conviction for wearing military medals he didn't earn, saying it was a form of free speech protected by the Constitution.

A specially convened 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the First Amendment allows people to wear unearned military honors.

Elven Joe Swisher of Idaho was convicted in 2007 of violating the Stolen Valor Act, which made it a misdemeanor to falsely claim military accomplishments. President George W. Bush signed it into law in 2006, but the U.S. Supreme Court struck it down in 2012 as a violation of free speech protections.

Investigators looked into Swisher's military claims after he testified at the 2005 trial of a man charged with soliciting the murder of a federal judge. Swisher wore a Purple Heart on the witness stand.

Read more: http://bigstory.ap.org/article/6e68bbfe4ba04864b0a7e31a163dd424/us-court-wearing-unearned-military-medals-free-speech

[Feeling the Bern]

1. It's a dick move, but it's still free speech

[LisaL]

21. What if I put on ID saying I am an MD and go to a hospital?

Also free speech?

[Feeling the Bern]

22. That's a crime. Putting on fake medals doesn't affect a person's health

Fake medical crap can kill someone.

Nice strawman.

[LisaL]

25. Did I say I was going to participate in any actual medical procedures?

Would it just be o'key to walk around with false ID badge?

[Feeling the Bern]

26. Fake IDs are illegal. Fake medals aren't.

Ask any underage kid in a bar when they get busted with a fake.

[LisaL]

27. Isn't this whole discussion about legality of fake medals?

[Feeling the Bern]

36. Okay. . .fake medals are free speech. Conversation over.

[Elmer S. E. Dump]

49. Yes, what's your point?

[Xithras]

46. One is a statement or claim. The other is an action.

You can put on an ID saying you're an MD and walk down the road with it, you can go shopping with it, and you can wear it to work. Heck, you probably could actually go to a hospital with it, without breaking the law.

But the moment you try to treat a patient, you're committing a crime. Not because you wore the ID, but because you are attempting to practice medicine illegally. The ID isn't the crime, but it would become evidence against you during your prosecution.

Similarly, you can buy and wear a soldiers uniform, tell people you fought in 10 wars, saved 300 lives, and earned the Purple Heart, Bronze Star, and were a Navy SEAL, and you're not breaking any laws. But the moment you try to walk onto a military base wearing that uniform, or you try to claim benefits from those false claims, you're committing a crime. Again, not because of your fake uniform or your statements, but because you're committing an act that would have been illegal whether you were wearing the uniform or not.

[forest444]

2. "President George W. Bush signed it into law in 2006"

And who better to sign such a law, than Mr. Mission Accomplished himself.

[Joe Bacon]

29. President Sock In A Jockstrap Strikes again!

Every time I see a picture of President Asshole in his flight suit, makes me sick.

[GGJohn]

3. I fucking HATE these stolen valor fuckwits with a white hot passion,

If they can't be criminally charged, then they need to be called out each and every time and publicly shamed mercilessy.

Oh, did I mention that I fucking hate these stolen valor fuckwits?

[TipTok]

56. I can't imagine being in such a low place in my life...

... that I would gain some satisfaction from that.

Disgusting...

[zwyziec]

4. This decision demeans the value of all medals. Why the hell give them out to the courageous.....

if any asswipe can wear it to deceive everyone else?

[Sunlei]

35. About 2,400,000 results to "buy war medals" online. In America even poser-asswipes are Free.

[Elmer S. E. Dump]

50. Not to me. It devalues the person wearing it without earning it.

[hibbing]

5. George W. Bush signed it into law

Mr Codpiece flightsuit himself.....interesting. I agree though, total dick move, but free speech.


Peace

[Liberty Belle]

6. Sounds like false advertising to me.

Seems to me it should be illegal for anything other than maybe a Halloween costume. If you're seriously trying to pass yourself off as having won those medals, it shouldn't be allowed.

[GGJohn]

7. One little correction with your post.

Medals aren't won, they're earned and awarded, otherwise, I generally agree with you.

[dickthegrouch]

18. It's surely a form of perjury to wear one on a witness stand

Talk about lying in court.
A witness has sworn an oath to tell the truth the whole truth and nothing but the truth. Wearing an unearned medal violates at least two components of that oath. Throw his ass in jail for perjury.

[marble falls]

23. Good point. Is perjury free speech, too?

[Nihil]

31. Exactly: it is false, misleading behavious with the deliberate intent to deceive.

In a play or a film? Fine.

Fancy dress party? Fine.

Any other scenario where the standard is to pretend to be someone/something else? Fine.

In the witness box for a trial? WTF? That is a most blatant attempt to deceive and influence.

[branford]

8. I understand why it's legal,

however that in no way means I approve of such disrespectful behavior. While the government cannot punish such conduct, the public may certainly shame, ignore, and castigate such unpleasant and dishonorable people.

Further, any attempts to gain benefit from the government or private sector by lying about an earned medal or other award still might be prosecuted as fraud and related civil and even criminal conduct.

[tblue37]

11. And the calling out should be frequent, public, and loud. nt

[Deuce]

9. Pathetic...

[roscoeroscoe]

10. Bad decision

Great opportunity to separate free speech from false statements.

[jtuck004]

13. Your free speech _is_ a false statement to your opponent. n/t

[Lizzie Poppet]

12. I have to grit my teeth and support this decision.

I loathe assholes like Swisher...but you have to err on the side of protecting the 1st Amendment when there's a conflict like this.

That said, if I were on the jury at the trial of a veteran who beat the shit out of a "stolen valor" jackass, I'd probably refuse to convict him/her. It would be wrong and I have no doubt I'd feel guilty...but I just might do it.

[SoapBox]

14. Such bull...free speech my ass.

Fucking scumbag LIARS.

[jtuck004]

15. Tar and feathers are too. n/t

[jonno99]

52. Ha - I was thinking along the same lines. Feel free to steal some valor, but don't come

crying to me when you get your @ss wupped...

[Democat]

16. What about wearing unearned sports jerseys or Nascar patches?

Did they want to make those illegal as well?

[JustABozoOnThisBus]

19. No, this really IS Calvin Johnson!

[Democat]

20. That either is Johnson, or is going to prison

This is a nation of laws.

[marble falls]

24. Purple heart = a sport jersey? I doanthinso.

[Democat]

28. Unless the person wearing the purple heart is trying to claim benefits or authority

How is it different from a free speech standpoint.

One takes far more sacrifice to acquire, and I respect that, but who is harmed if someone dresses up as a soldier for fun?

Would you also make kids dressing up and playing army illegal?

[Blue_Tires]

30. So the military just sells medals en masse like the NFL sells jerseys??

shitty analogy...

[malthaussen]

42. No, because that violates trademark

Or some such. The point being, there's money in those jerseys, in the medals not so much.

-- Mal

[Kennah]

17. 2005 Law was struck down by SCOTUS in 2012

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

I am more than a bit fuzzy as to where is the there here.

Yes, these people are fucksticks, but then so too was Clarence Brandenburg.

[Gothmog]

32. This is like flag burning-a nasty but protected speech

The court is correct in the analysis. The best defense to this conduct is not criminal sanctions but sunlight

[Javaman]

33. next up:

right wing wanna-be's chat about the best chest candy to put on ones fake uniform for this falls fashion.

[Sunlei]

34. Good, Bush Empire made some absurd laws. Strike down every anti-America law Bush shoved on us.

To pretend one is decorated military is always silly/childish- but 'wannabe hero' IS Free Speech.

[Valhallakey]

37. Witness providing false testimony?

I would have thought in this particular case, since he was wearing the medal while on the witness stand testifying, it should be considered in this context. A medal brings credibility to his testimony and implies something to the Jurors that is false.

[Eugene]

54. No clear indication he lied on the stand.

He lied to the defendant and failed to tell the court he was lying to the defendant.
This would have been devastating to his credibility had the defense lawyers
known it.

Perjury is rarely prosecuted and this case only skirts the boundaries.

[EndElectoral]

38. Couldn't the attorneys have questioned him about those medals on the stand?

They were obviously worn to influence the jury and yet were being worn fraudently.

[MosheFeingold]

39. I reserve the right

To beat the pretenders with my cane.

I bet I can still take him.

[jonno99]

53. Ha - excellent! nt

[Xipe Totec]

40. Ok. What about police badges? Military uniforms? Free speech, right?

Thin ice... thin ice...

[Democat]

44. You are free to wear military uniforms if you want - look on Ebay

You cannot claim to be in the military and try to benefit from that, but you can dress up all you want.

Would you ban civil war reenactments because those men aren't really soldiers?

[Bradical79]

41. I understand why it's free speech

you can wear whatever you want. But if it's being used to deceive people (like wearing the unearned medals on the witness stand in court), I don't understand why perjury, fraud, and other existing laws wouldn't apply to people wearing unearned military medals.

[RobinA]

45. It Seems To Me

that the witness stand is about the dumbest place to try to pull a stunt like that. Couple questions from a lawyer and you either commit perjury or every word out of your mouth is impugned when you admit you never earned the Purple Heart you are wearing.

[Xithras]

48. I suppose that it would depend on whether they actually made any statements about it.

I never had any interest in serving in the military and never served. But if I were called to testify and court and showed up in full Army dress, my choice of clothing wouldn't be a crime. It's just cloth.

On the other hand, if I were providing expert witness testimony based on my experiences as a soldier, or if an attorney asked me about my service directly and I made something up, I would be committing perjury.

It would only be perjury if the witness directly lied under oath, or if the misrepresentation of their military background added something to their testimony (expert witness or experience) that wouldn't have otherwise been present. If the witness is testifying in regards to something unrelated to their (false) military experience, the misrepresentation should have no real impact on the trial and shouldn't be grounds for a perjury charge.

[malthaussen]

43. Gee, and I was suspended in high school for that.

Well, wearing unearned medal ribbons. Where was the SCOTUS in 1971?

(One of the school counselors was a retired LCOL and took umbrage at the display)

-- Mal

[FairWinds]

47. Well actually, many military medals are "given" . .

that is, to officer buddies for doing nothing much at all.
Happened all the time in Vietnam.
Personally, I threw mine away in disgust a long time ago.

[jonno99]

51. I have absolutely no problem with this - as long as the "wearer" agrees to

empty bedpans at a VA hospital for a year...

[dembotoz]

55. yell at them yes. expose and heckle them yes, throw em in jail maybe not

unless it provides them with something that could not happen with out it...ie va loan? cause that would be open fraud.