By Gabriel, on August 18th, 2010
STOLEN VALOR is the name of the act. It was put in place in 2006. The purpose was to revise and toughen a law that forbids anyone to wear a military medal that wasn’t earned. The measure sailed through Congress and received unanimous approval in the Senate.
This has now changed due to the “wisdom” of a panel of the 9th Circuit Court of Appeals. This ‘learned” court, in their collective wisdom, stated that STOLEN VALOR is a violation of of First Amendment free-speech rights. It pontificated that there is no evidence that lies harm anybody and there is no compelling reason for the government to ban such lies.
The individual involved is Xavier Alvarez of Pomona, California. The lying impersonator said at a public meeting in 2007 that he was a retired Marine who had received the Medal of Honor, the Nation’s highest military decoration. He pleaded guilty and was sentenced to 400-hours of community service at a Veterans Hospital, and fined $5,000.
The Medal of Honor was established
In 1862. 3,465 Medals have been
Awarded, to date, many posthumously.
The one dissenting judge argued that the majority refused to follow clear Supreme Court precedent that false statements of fact are NOT entitled to First Amendment protection. He was right, of course. Looks like the 9th Judicial has struck again. Where else but in California? This scum isn’t just lying, he is stealing valor earned by our service members, taking that honor and shrouding it in a cloud, undeserved and despicable.
The Medal of Honor is awarded for: “Conspicuous gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against any enemy of the United States; while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force.”
How can these judicial activists say “does no harm”? This lying harms every veteran who has served in our armed forces. Honor has a soul and it seems to me these judges are lacking this. I would hope this idiocy is appealed. Recall the CT politician who wants the “Dodd” seat in the Senate? He spoke of being in Vietnam and then had to back track with “well, I WAS in the national guard here in the states when Vietnam was going on.”
We seem to forget this all too frequently,
Don’t know about you but I am sick and tired of some judges with their high opinions of themselves have no problem at all Judging (and Legislating) from the bench. The Judge in Arizona who does not give a fig about how the Arizona people feel about illegal aliens but strikes down the Arizona Law, which way the majority support is but one case in point. Of course, this particular Judge is basically taking her marching orders from DOJ Holder and and his “leader” B Hussein Obama.
Should we be getting scared or PO’d
Then there is the situation in California where one gay Judge overrides the will of millions of California people who believe that marriage should be between a man and a woman. I hope this idiotic judgment will also be appealed. If it isn’t I suspect there is new room for polygamy, marrying a couple and creating a threesome, cozying up to your doggie…you name it.
And now this. According to the 9th’s logic I can now call myself a Doctor, just as long as I don’t hurt someone. Would you like to have been an Astronaut? How about a scientist who worked at Livermore Lab and helped develop kevlar? Wouldn’t it be fun to tell people you did extensive missionary work in the Congo and helped reduce their Aids challenges? Best to caution your children to keep their mouths shut though.
Gabiel originally posted this on his blog Right Turn at Florida Today and Right Turn Forever