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Court Finds 'Stolen Valor Act' That Prohibits Lying About Military Medals Violates Free Speech

By Bruce Carton

A federal judge in Denver ruled last week that the "Stolen Valor Act," which prohibits people from falsely claiming they have been awarded military decorations and medals, is "facially unconstitutional." U.S. District Judge Robert E. Blackburn ruled on Friday of last week that the act violates free speech. The act provides that: Whoever falsely represents himself or herself, 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 shall be fined under this title, imprisoned not more than six months, or both. The act particularly hates it when people falsely claim to have received a "distinguished-service cross ... a Navy cross ... an Air Force ... a silver star ... or a Purple Heart" medal, and provides for extra prison time in such cases. The case decided by Judge Blackburn involved Rick Strandlof, who allegedly posed as Rick Duncan, "a wounded Marine captain who received a Purple Heart and a Silver Star." Prosecutors claim he...

Full post as published by Legal Blog Watch on July 21, 2010 (boomark / email).