stolen valor unconstitutional

What the hell is SCOTUS smoking?????

Wow. 6-3 also... I'm seeing a pattern here.

I can't really say I disagree completely with their ruling ATM. I mean had I been on the panel I would have left it alone and voted in favor of the act to let it stand as is and deal with each case individually.

Eitherway;
There is a bill that clarifies Stolen Valor and will punish those who meet it's criteria coming soon. We just need to keep an eye on it and push where we need to.
http://www.govtrack.us/congress/bills/112/hr1775

I agree with the idea behind the Stolen Valor Act. But SCOTUS was right in this decision.

The act as written was too broad in scope and unreasonably limited the first amendment. It'll get re-written into a law which can be upheld and assholes will get what they deserve.

This law - as written - is saying that a person can be charged for lying. That's it. Think about that. Someone, in America, being thrown in jail for a LIE. That is most definitively breaking the First Amendment. It's just crappy legislation, frankly. A tighter, more constrained law will no doubt come out after this successful challenge. Either way, as offensive as this individual case is to us all, this ruling is a triumph for free expression; this law clumsily impeded other forms of protected, legitimate speech, and should be fixed. I had a feeling Blackburn didn't like it because he was soliciting amicus curiae briefs from everybody and their brother.

Look at what the judge said:

"...ruling the government did not show it has a compelling reason to restrict that type of statement."

What the government needs to do is amend/rewrite the SVA to make lying about military service a crime because of the potential for abuse (donations, receiving benefits, etc.). Not just because they lied. Stolen Valor in its current form is too vague to apply fairly. Does it make the person a giant shitbird to lie? Of course it does but the law as written didn't distinguish between actual fraud and lies. Good Lord, if being a shitbird is grounds for going to jail we couldn't arrest them fast enough.

Hopefully when they have their "do over" revision of the law they will make the necessary legal distinctions to give the law some real teeth...however, then it's just another charge for general fraudulent monetary gain.

This bill, the way it's written, makes it a federal offense to wear medals or uniform in a film or play production, to joke or jest--even if it's absolutely apparent it's not serious--about having received any decoration, medal, or uniform item, to dress a child up for Halloween in a uniform with badges, pins, or devices of any kind... to row a boat out miles offshore and breath the words, "I was awarded the medal of honor." The breadth of the law is absolutely unwarranted, and it has a clear "chilling effect" -- i.e., it has the potential to make you concerned about saying things you should be able to under law, lest you fall under the scope of the SVA.

Does all that sound silly, or sound like someone with 'common sense' ought to know the difference? Perhaps. But we don't mess around with certain key liberties in this country, and like to be very, very clear about the ways they can be restricted. I like it that way.

Are this guy and guys like him are **** birds? Yes...however bad/dangerous legislation is just plain bad/dangerous. Big picture time: the precedent for suppressing any speech the G considered a lie...scary.

"...and in today's news"
"Yesterday it was decided that saying Congress Critters are useless is a lie."

If Congress gets on the stick and and rewrites the bill more narrowly and in a constitutional manner that would be GTG-- the idea was good, the execution horrible.

General James Livingston Speaks out on Repeal of Stolen Valor Act
http://www.tfp.org/tfp-home/news-co...speaks-out-on-repeal-of-stolen-valor-act.html

Stolen Valor - Unconstitutional but the right thing to do.
Affordable Care Act - Constitutional but the wrong thing to do.

Along with this, the DoD is trying to come up with a master list of medals issued.

My late best friend was a VN vet with two DFCs. He could smell a fake in a second. It was uncanny.