Valor Act Ruled Unconstitutional

[boston_007]

"Charge dismissed in fake hero's case, Valor Act ruled unconstitutional'
By Felisa Cardona

A federal judge in Denver has ruled the Stolen Valor Act is "facially unconstitutional" because it violates free speech and dismissed the criminal case against Rick Strandlof, a man who lied about being an Iraq war veteran.

U.S. District Judge Robert Blackburn issued his decision this morning.

"The Stolen Valor Act is declared to be facially unconstitutional as a content-based restriction on speech that does not serve a compelling government interest, and consequently that the Act is invalid as violative of the First Amendment," Blackburn wrote in his opinion.

Strandlof, 32, was charged with five misdemeanors related to violating the Stolen Valor Act - specifically, making false claims about receiving military decorations.

He posed as "Rick Duncan," a wounded Marine captain who received a Purple Heart and a Silver Star. Strandlof used that persona to found the Colorado Veterans Alliance and solicit funds for the organization.

Actual veterans who served on the board were suspicious of his claims and the FBI began investigating.

Read More:
http://www.denverpost.com/news/ci_15532591


This SOB should be drawn and quartered; at the very least, keelhauled!

 

[Admin]

good. hopefully they overturn impersonating a police officer now, too. then everyone can be a badass hero.

+1

 

[In God We Trust]

I think the guys that lie about serving are a**h***s, but it should not be a crime. I can think of better uses for my tax dollars besides investigating some tool that fantasizes about being a war hero.

 

[Tim L]

All posers should immediately be sent to Parris island for motvational instruction.

 

[FPrice]

All posers should immediately be sent to Parris island for motvational instruction.

Under the tutelage of GySgt R. Lee Ermey.

If lying was illegal the jails would be full of patrons at pick-up bars.

I have no desire to defend posers, but unless they receive some undeserved special consideration such as financial or other gain, then legal action is probably not warranted.

 

[sportycliff]

All posers should immediately be sent to Parris island for motvational instruction.

+1, Then send em to the sandbox for a taste of the real thing. (don't mean coke)

 

[Baldkat82]

good. hopefully they overturn impersonating a police officer now, too. then everyone can be a badass hero.

These are not even remotely the same, unless someone is claiming they are a retired cop. Claiming you USED to be in the military doesn't put people lives at risk... These people are just losers looking for attention.

Police impersonators actually are dangerous. Your average person can't tell if the guy who pulled them over in an "undercover" car and is wearing a full uniform isn't' a real cop. These people could easily steal property or even worse kidnap, rape or kill people after they "arrest" them. Those people are far worse, they're not just looking for attention, they want to do something to someone. You will never see that get overturned as these people actually pose a risk to the general public.

 

[GSG]

Military impersonators should be deposited wherever it's currently the most violent in the Sandbox. Police impersonators should be deposited into the Imperial Courts projects in LA. Both should be taken to these locations in whatever regalia they were wearing when arrested, on foot. The commercials for the reality TV show surrounding the subject would pay for any travel expenses.

 

[rattletrap1970]

I disagree, it's the same thing as impersonating a cop. A cop is a sworn servant of a municipality or the Fed. Gov. A soldier is a sworn servant of the Gov. I don't think you can say you were either one if you weren't. When you served should make no difference.

 

[Jason]

I'd agree with the court that making a false statement about one's prior military service is free speech. If one does so specifically for financial gain like getting financial assistance from a veteran's association then that should be considered fraud. The valor act is unnecessary because there are already laws on the books for fraud.

 

[n1oty]

So, do we give this guy a pass, even though he opened a veteran's organization under a stolen name and solicited money? I can readily appreciate the point that some are making about these clowns pretending to be veteran's, wearing medals they never earned, etc. and it should not be a crime, but I draw the line when they commit some overt act like stealing someone else's identity (even partially), opening a veteran's organization under false pretenses, soliciting funds under false pretenses, etc. Look, 99 percent of us veteran's will have no problem discerning the posers from the real veteran's.

Under the tutelage of GySgt R. Lee Ermey.

If lying was illegal the jails would be full of patrons at pick-up bars.

I have no desire to defend posers, but unless they receive some undeserved special consideration such as financial or other gain, then legal action is probably not warranted.

 

[Jose]

So, do we give this guy a pass, even though he opened a veteran's organization under a stolen name and solicited money?

There are plenty of laws on the books to address fraud, identity theft, extortion, racketeering, defamation, etc.

We don't need special laws for those who do such things while pretending to be "war heroes".

This whole stolen valor act is a bullshit waste of time.

 

[Skysoldier]

Let's see.....personal gain.....I wonder if Brian Dennehy got movie contracts playing a Soldier because he lied about being in Vietnam.

 

[Gonzo]

Let's see.....personal gain.....I wonder if Brian Dennehy got movie contracts playing a Soldier because he lied about being in Vietnam.

But Rambo kicked his ass, so it's all good.

 

[Skysoldier]

This thread really hits home for me, and I am filled with mixed emotions.

(And I shouldn't air dirty laundry when I have had too many beers!)

 

[wolf223]

w/o reading Sky's whole post.

i'm probably gonna type the same thing... posers are the lowest form of life. they want the rewards w/o the sacrifice i.e. digging sand out of your @$$ crack for xyz months, getting divorced, missing birthdays, anniversaries, having your children resent you, going through readjustment of being back, jet-lag, not eating for a week because your still on anti-malaria pills, getting in bar fights, driving flashy cars and getting girls numbers at bars like Tom Cruise in Top Gun....

but hey, lets all throw on some tabs, combat patches because it's all good....

edit: as for the law itself... not my concern. i'd personally beat them into a semi-responsive state...

 

[Skysoldier]

There are plenty of laws on the books to address fraud, identity theft, extortion, racketeering, defamation, etc.

We don't need special laws for those who do such things while pretending to be "war heroes".

This whole stolen valor act is a bullshit waste of time.

I know you served in the navy.......but did you ever serve in combat?

If not, you will never understand.............

 

[FPrice]

So, do we give this guy a pass, even though he opened a veteran's organization under a stolen name and solicited money?

I think my post (which you quoted) clearly addressed this point.

 

[Jose]

I know you served in the navy.......but did you ever serve in combat?

If not, you will never understand.............

No, I did not serve in combat.

I do see your point. It has to burn worse than a hot knife to the heart.

And I still stand by mine. We don't need to make it illegal to lie if no actual harm comes from the lie.

Tell me, honestly, what the F would the "stolen valor" act DO to fix or improve your family's situation?

It won't do a GD thing.

 

[n1oty]

I probably misunderstood your post then. Your last sentence seemed to indicate that either you were unaware that he had committed actual fraud or that you were OK with the frauds he had perpetrated under the guise of his veteran's claims. I apologize. I simply misunderstood the meaning of that last sentence.

I think my post (which you quoted) clearly addressed this point.

 

[dustoff22]

Legalities aside, Mr. Strandlof needs a good serving of jungle justice. Our supply sgt in Vietnam was caught trading our survival gear.............that is what we could get of it after the Saigon docks were ravaged witnessed by the "cowboys" riding their Honda 90's with nomex this and that and aviation sunglasses. Some industrious company folk meted out his punishment by tarring and feathering the plick. Nasty but effective.

 

[FPrice]

I probably misunderstood your post then. Your last sentence seemed to indicate that either you were unaware that he had committed actual fraud or that you were OK with the frauds he had perpetrated under the guise of his veteran's claims. I apologize. I simply misunderstood the meaning of that last sentence.

Thank you but no apology is necessary. It appears that I did not explain my self very well. For that I should apologize to you.

I am currently reading "The 5000 Year Leap". One of the early points has to do with the similarity between Natural Law and the People's Law of Ancient Israel and the concept of reparation. Reparation to the victim(s) rather than fines and punishment by the government was the basis of the code of justice. If a person claims to be a hero and benefits from it financially, they should be held accountable and re-pay everything they gained.

But if they pose as a hero and gain only undue respect and admiration, how do you punish that? They did not hurt society as a whole. The ones they "hurt" were those like Skysoldier who actually suffered the physical and mental anguish of combat, along with the loss of fellow soldiers and earned the respect and admiration that comes from that sacrifice. How does society punish that? The ones who were hurt were the ones who served honorably. Perhaps the answer lies therein.

 

[vellnueve]

No, I did not serve in combat.

I do see your point. It has to burn worse than a hot knife to the heart.

And I still stand by mine. We don't need to make it illegal to lie if no actual harm comes from the lie.

Tell me, honestly, what the F would the "stolen valor" act DO to fix or improve your family's situation?

It won't do a GD thing.

I agree completely - prosecute fraud if the posing is used to perpetuate fraud, but I do agree with the ruling.

 

[GSG]

Our supply sgt in Vietnam was caught trading our survival gear.............that is what we could get of it after the Saigon docks were ravaged witnessed by the "cowboys" riding their Honda 90's with nomex this and that and aviation sunglasses.

I don't fully understand this, could you explain it in a little more detail?

And to all you vets, thank you very much for your service.

 

[dustoff22]

I don't fully understand this, could you explain it in a little more detail?

GSG.....the "black market" in Vietnam had every conceivable item one would want, no doubt pilfered from the unloading docks of the Port of Saigon. That included much military gear destined to field units. It was not unusual to see "cowboys" (a name we gave young motorcycle riders in Saigon and surrounding areas wearing our flight gear including nomex gloves, helmets, sunglasses, jackets and etc.,). Likewise, the "black market" thrived virtually anywhere in Vietnam offering anything from American smokes, laundry detergent, soap, coffee......you name it, they had it. Obviously, much was gotten off the docks and the rest? Who knows, but it you needed something, you could get it on the black market.

 

[n1oty]

This now brings me full circle to where I began on this topic. Maybe I missed something, but did this guy face justice for the actual frauds? Was he prosecuted on more traditional fraud charges or was the entire case dismissed? I can understand the applicability of 1A to charges related to his claims of being a hero/veteran/whatever, but it sounds like it went way beyond simply telling stories and/or wearing unauthorized medals.

I agree completely - prosecute fraud if the posing is used to perpetuate fraud, but I do agree with the ruling.

 

[Skysoldier]

GSG.....the "black market" in Vietnam had every conceivable item one would want, no doubt pilfered from the unloading docks of the Port of Saigon. That included much military gear destined to field units. It was not unusual to see "cowboys" (a name we gave young motorcycle riders in Saigon and surrounding areas wearing our flight gear including nomex gloves, helmets, sunglasses, jackets and etc.,). Likewise, the "black market" thrived virtually anywhere in Vietnam offering anything from American smokes, laundry detergent, soap, coffee......you name it, they had it. Obviously, much was gotten off the docks and the rest? Who knows, but it you needed something, you could get it on the black market.

And the only thing that wasn't stolen or diverted was that damn Black Label in the rusty steel cans!

 

[GSG]

GSG.....the "black market" in Vietnam had every conceivable item one would want, no doubt pilfered from the unloading docks of the Port of Saigon. That included much military gear destined to field units. It was not unusual to see "cowboys" (a name we gave young motorcycle riders in Saigon and surrounding areas wearing our flight gear including nomex gloves, helmets, sunglasses, jackets and etc.,). Likewise, the "black market" thrived virtually anywhere in Vietnam offering anything from American smokes, laundry detergent, soap, coffee......you name it, they had it. Obviously, much was gotten off the docks and the rest? Who knows, but it you needed something, you could get it on the black market.

So you're saying that some soldiers were selling your equipment to the NVA/VC?

 

[Skysoldier]

So you're saying that some soldiers were selling your equipment to the NVA/VC?

He didn't say that.

I doubt any American personnel knowingly sold directly to the enemy. (Except maybe the CIA)

But once something hits the black market, anybody can buy it.

Sometimes the locals worked on the bases for the GI's cleaning, doing laundry, etc., and were paid with cigarettes and other PX items.

Also some guy's in the rear trading smokes for drugs and pleasure houses.

Happens in every war where the local folks are poor and there is no money.

But it was evident that there was a lot of theft on a grand scale.

 

[rattletrap1970]

My Dad used to drink Black Label. When I was kid he used to give us a sip, I thought it sucked... I had it recently... It still sucks.
I can't imagine drinking it at room temperature of Vietnam from a rusty can.