Intellectual Property Law

Judge Says Constitution Protects Right to Lie About Purple Heart

By David Kravets

A federal judge has declared unconstitutional a little-known law making it a crime to falsely claim to have been awarded a military medal.

A Colorado man who was never in the military was arrested for falsely claiming to have won the Purple Heart (.pdf) and other medals as a Marine in Iraq. He challenged the Stolen Valor Act of 2005, which provides penalties up to a year in prison, on grounds it breached the First Amendment.

In the first ruling declaring the measure unconstitutional, U.S. District Judge Robert Blackburn agreed with defendant Rick Strandlof’s contention. The judge said the government’s defense of the act was “troubling” as well as “contrary, on multiple fronts, to well-established First Amendment doctrine” (.pdf). The Purple Heart is awarded to military personnel wounded or killed in “any action against an enemy of the United States.”

Dozens of defendants have been charged under the statute. The San Francisco–based 9th U.S. Circuit Court of Appeals is weighing the statute’s constitutionality in a case brought by a man sentenced to 400 hours of community service and fined $5,000.

The act makes it unlawful to falsely represent, verbally or in writing “to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item.”

The government, which is mulling an appeal, argued that the law should be upheld.

“By allowing anyone to claim to possess such decorations, could impact the motivation of soldiers to engage in valorous, and extremely dangerous, behavior on the battlefield,” the government wrote.

Judge Blackburn was not buying it.

“This wholly unsubstantiated assertion is, frankly, shocking, and indeed, unintentionally insulting to the profound sacrifices of military personnel the Stolen Valor Act purports to honor,” the judge ruled. “To suggest that the battlefield heroism of our servicemen and women is motivated in any way, let alone in a compelling way, by considerations of whether a medal may be awarded simply defies my comprehension.”

Strandlof told CNN last year that he lied about his record because, among other things, of a “severely underdiagnosed mental illness.”

Photo: patries71/Flickr

See Also:

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• Rulings Leave Online Student Speech Rights Unresolved
• Court Strikes Down Internet Censorship Law
• MySpace Diatribe Brings Death Threats

Full post as published by Threat Level on July 19, 2010 (boomark / email).