Colorado Court Ruling Blatantly Disrespects U.S. Military
Judge Finds Stolen Valor Act "Unconstitutional"
The basis of the decision: The judge ruled that lying about winning U.S. Military medals, and wearing them without having served, should be a free speech right.
The judge declared the Stolen Valor Act of 2005 to be unconstitutional and a violation of First Amendment free speech rights.
This decision struck down an earlier ruling here in Tampa, Florida, where the Tampa U.S. Attorney's Office had sentenced Angel Ocasio-Reyes to three years' probation for lying about earning a combatant medal.
Reyes had claimed he was awarded a Purple Heart and Silver Star for being wounded in Iraq. It turned out he had bought at least one of the medals at an Army-Navy surplus store. There is no record of him serving in the military.
Because the case originated in Tampa, the Denver courtroom was filled with Tampa Bay veterans, according to a report in the Tampa Tribune.
Many of the veterans, including Marines and members of the American Legion, were outraged and insulted at hearing that the charges against Reyes have now been dismissed.
The Stolen Valor Act of 2005 recognized that con men often claim to be Medal of Honor recipients, and that something had to be done to outlaw their claims. It passed Congress (H.R. 3352 and S. 1998) and was signed into law by President George W. Bush in December, 2006.
The Stolen Valor Act widened the rules that already governed misrepresentation of a U.S. military uniform by making it a federal misdemeanor to wear medals and military decorations under false pretenses. The punishment could be up to one year and a fine.
The U.S . Attorney's Office has already filed an appeal, and many veterans will join in the fight to get this on the U.S. Supreme Court Docket as soon as possible.
If the Stolen Valor Act remains struck down and becomes precedent, anyone will be able to pose as a veteran or active member of the Armed Forces and wear medals on a uniform, even if they've never served. This could ultimately make it easier for political candidates, or even terrorists, to misrepresent themselves.
Sources:
"Veterans to fight valor act dismissal," Keith Morelli, tbo.com (Tampa Tribune online), 7/23/10.
U. S. House of Representatives H.R. 3352.
U.S. Senate S. 1998.
Published by Sheryl Young - Featured Contributor in Politics
Freelance writer since 1997; Featured Political Contributor for Yahoo!; Tampa Tribune Community Columnist/Blogger; Chicken Soup for the Soul; Amy Foundation National Writing Award; happy wife, proud step-mom... View profile
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58 Comments
Post a CommentSheryl, thank you for your comment to my similar article at http://www.associatedcontent.com/article/5880582/stolen_valor_act_and_the_congressional_pg2.html?cat=17
As a retired Senior Master Sergeant from the AFR, I find the decision of these judges extremely offensible! This opens so many undesirable doors that it boggles the mind. ℳ.ℋ.
I'm surprised this doesn't fall under reasonable restriction of free speech, like yelling "fire" in a movie theater.
I think the chances of the ruling being overturned by the Appeals Court are pretty good. Thanks for this news article.
I'll repeat my info for those commenters saying that people who've never served in the military should have the freedom to wear U.S. medals - it's AGAINST the law to impersonate an officer!!!
Three years probation for wearing a medal? Get real. This isn't Nazi Germany -- it's the United States of America. If he wants to wear a copy of Magna Carta as a sun bonnet, god bless him!
What is WRONG with all of our judges?? What kind of crazy world is this becoming?
Wow, this is quite ridiculous!
That is a disgrace to our soldiers who are fighting and have fought and died for our country. that makes their war medals to none effect, why fight, if any body can pick up a purple heart even if they are a coward, and rightly so if they can wear a badge of hono!! that's contradictory right there, there's no honor, it's mockery.
That's crazy!
You never cease to bring amazing and shocking news to light! I cannot be more shocked at this - I would expect this ruling to have followed the "impersonating an officer" charges one might be arrested for, if 'pretending to be a policeman. This is nauseating.