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The 9th Circuit throws out the Stolen Valor Act as unconstitutional.

By The Armorer on August 18, 2010 | | Comments (14)

...and Blago is convicted for lying.  Bet he wishes he was in the 9th Circuit now.

Okay, leave aside the can of worms that is the Blagoevich case, and come back to Stolen Valor.

The 9th Circuit seems to have held that you can lie all you want about Medals, especially (that's my spin) if you're doing it for a political purpose. 

I've always been happier with the approach of go after the SV perps for fraud, but I can see a Federal prosecutor making a "bang for the buck" decision against going after the penny-ante stuff.  The ones that are just doing it because they're pathetic pale Walter Mittys, let them blink in the light of exposure and fade away to nothingness. 

But I'm a well known squish.

Volokh doesn't have much to actually say himself, yet - but the comments are a fun read.  I do like the one where a commenter snarks the good Professor for all the caveating commas in his first sentence.

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14 Comments

By BillT on August 18, 2010 3:43 PM
The 9th Circuit seems to have held that you can lie all you want about Medals, especially (that's my spin) if you're doing it for a political purpose.

Using that line of reasoning, someone shooting a politician or a judge shouldn't be tried for murder, because assassination is a *political* act.

 
By Boquisucio on August 18, 2010 3:45 PM
Cool, now I can buy me myself a genuine faux Congressional Medal of Honor,  I'd lilke to weare it next to my Medaglia D'Oro next time I go to a cocktail party.
 
By Grumpy on August 18, 2010 4:16 PM
This is one of those questions, which is so loaded that no matter where you stand, you're gonna get hit.  The Court appears to be environmentalists. They desire to be "Life Sustaining Members of Shark Preservation Society." But the dang sharks won't comply. They sent them back with a note, "We can digest just about anything, but this nonsense, Keep it."

About the "Stolen Valor Act", I'm not so sure if this the best way to actually solve the issue. We may even need to repeal the "Stolen Valor Act." Have I lost my mind? Not yet and no second opinions. How do we approach this problem? Instead of looking at one act, looking at pre-established law build a spider web of laws. The first thing he should do is apologize in writing. This is not *just free speech*, it is *EARNED!* Many apply a "No Harm,  No Foul Standard", but those are the same ones who are just observers. 

Just maybe, these observers should get off their asses and put them on the line, in some way, including 'the robes.'
 
By htom on August 18, 2010 4:19 PM
Long long ago, I was warned by a judge that I was going to be cited for contempt of court if I continued. I paused, asked what the fine was, and then asked if I could plead guilty to the contempt charge and have him vacate both speeding tickets, as I was very comfortable with such a deal, since I didn't think I'd been speeding and did feel contempt for his court. DONE he roared. I paid my $250 and quietly left; I sometimes wonder if the clerk ever told the judge I'd gotten off cheap, the speeding tickets, maxed out, were $500 each. I was lucky, don't try this these days.
 
By John of Argghhh! on August 18, 2010 4:23 PM
Grumpy - I reserve the right to express a "second opinion"... 

;^ )
 
By BillT on August 18, 2010 4:30 PM
I'd lilke to weare it next to my Medaglia D'Oro next time I go to a cocktail party.

Boq, why in the ever-lovin' blue-eyed world would you bring coffee to a cocktail party?

 
By Grumpy on August 18, 2010 4:44 PM
Armorer, in reference to 'second opinions', take a number and get in line.....

; ^ )
 
By JimC on August 18, 2010 6:09 PM
Does this mean cashiered officers who were found to be wearing unearned tabs and badges in their official photographs should be reinstated with back pay or do they suffer for failing to fall in the 'right' jurisdiction.  Somewhere Sam Damon is spinning in his fictional grave.
 
By BillT on August 19, 2010 1:09 AM
Does this mean cashiered officers who were found to be wearing unearned tabs and badges in their official photographs should be reinstated with back pay

No, because the Ninth Circus would rule that they were guilty of being in the military in the first place.

Only civilians *posing* as members of the military have the freedom of speech to wear something that they never earned but want to wear because it makes them feel better about being sorry sacks of sh*t.
 
By Casey on August 19, 2010 2:28 AM
I'm sorry, I'm still trying to get my head around the idea that fraud is now protected political speech...

 
By Boquisucio on August 19, 2010 6:09 AM
You know UnkaBill, we Ricans make Kalúa from scratch.  Talk about the life of the party ;-0
 
By BillT on August 19, 2010 2:58 PM
I'm bleary-eyed. I read that as "we Ricans make Kalúa from scotch."

And I thought, "That can't be right. I don't know any 'Ricans who'll even go *near* scotch..."

 
By htom on August 19, 2010 3:46 PM
Have the FBI question the claimant, and charge him with lying to the FBI if he claims it is properly his. No free speech issue.
 
By Quartermaster on August 19, 2010 8:43 PM

BillT, I'd say it's long past your bedtime. I'd expect 'Ricans would rather have Rum given the Spanish Main location. VX would fit right in with that bunch.