Government

Supreme Court Strikes Down Law That Makes It Illegal to Lie About Receiving Military Awards

Supreme Court Strikes Down Law Making it Illegal to Lie About Receiving Military AwardsWASHINGTON (The Blaze/AP) — The Supreme Court has struck down a federal law making it a crime to lie about having received the Medal of Honor and other prized military awards.

(Related: Stolen Valor: Supreme Court Asked to Uphold Military Impostor Law)

The court voted 6-3 Thursday in favor of Xavier Alvarez, a former local elected official in California who falsely claimed he was a decorated war veteran. MSNBC has more about Alvarez:

The case involved Xavier Alvarez who was an elected member of the Three Valleys Municipal Water District Board in Pomona, California. In 2007 Alvarez said at a public water district board meeting that he was a retired Marine, had been “wounded many times,” and had been “awarded the Congressional Medal of Honor” in 1987.

In fact, he had never served in the United States armed forces.

Alvarez had pleaded guilty to violating a 2006 law that was adopted with the nation at war in Afghanistan and Iraq and aimed at people making phony claims of heroism in battle. The court, in a judgment written by Justice Anthony Kennedy, ordered that his conviction be thrown out.

Comments (78)

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  • joannhh
    Posted on June 28, 2012 at 1:22pm

    Gee, I quest Admiral Borda didn’t need to kill himself afterall.

    Report Post »  
    • muffythetuffy
      Posted on June 28, 2012 at 3:25pm

      America no longer has anything to offer people who want to live in Freedom and Liberty.

      This Nation can not be repaired . What is wrong cannot be repaired. Lets begin to plan for its division into one Free and one Un-Free nation and split up. Other nations have done this without blood shed: Norway and Sweden, Paraguay and Uraguay, and the USSR. Those people were better off for it too.

      Report Post »  
    • Elena2010
      Posted on June 28, 2012 at 4:00pm

      Aye, Adm Mike Boorda was a good man at heart. I was deeply saddened when he died.

      Report Post » Elena2010  
    • old white guy
      Posted on June 29, 2012 at 4:31am

      yep. it is now legal to lie in the u.s. just don’t lie to the feds. jeez, what a screw up the country has become.

      Report Post »  
  • theblazerunner
    Posted on June 28, 2012 at 1:20pm

    btw,

    will be happy to shove all my medals down your gdam throats.

    oathkeepers …stand up, or get put down.

    Report Post » theblazerunner  
    • The Sergeant Major
      Posted on June 29, 2012 at 1:13pm

      I will never give our Flag, our Constitution or my Awards to anyone. Unless the medals can be melted down to make hollow points.

      Report Post » The Sergeant Major  
  • tjhappy
    Posted on June 28, 2012 at 1:17pm

    There are still public deception laws in most states.

    Report Post »  
    • woodyb
      Posted on June 28, 2012 at 3:58pm

      Perhaps so, but federal law TRUMPS state law!!!!!!!!!!!!!!!!!!

      The nation is rapidly losing all signs of responsibility, dependability, civility, incentive and plain common sense!!!!!!!!!!!!!!

      Report Post »  
  • tjhappy
    Posted on June 28, 2012 at 1:16pm

    Hi everone,
    I am President TJHAPPY.
    I am repealing Obamacare.

    Report Post »  
    • The Sergeant Major
      Posted on June 29, 2012 at 1:09pm

      You too!!!

      I’m the Sergeant Major and I’m a federal judge, I’ve won 2 NBA championships and my wife is Morgan Fairchild!

      Report Post » The Sergeant Major  
  • Furicrs
    Posted on June 28, 2012 at 12:46pm

    So, I guess this makes it ok to LIE about having any college degree from any college I want eh?

    Report Post » Furicrs  
    • Elena2010
      Posted on June 28, 2012 at 4:01pm

      Obama — what are YOU doing HERE? LOL

      Report Post » Elena2010  
    • oldguy199
      Posted on June 28, 2012 at 6:43pm

      Lying is free speech, our society has deteriorated to where lying,cheating, immoral acts are common place. Bad ,evil, unresponsible fools are unforunaty allowed to do this type of behavior.
      Dovetail to OBUMMER-KARE “this is NOT a tax” Holder, Sharpton and the CBC -“this is racist” ..the list of LIB-LYIN goes on and on and on and………….

      Report Post »  
    • Chet Hempstead
      Posted on June 29, 2012 at 4:23am

      If you’re just doing it to impress people, yes. If you’re doing it for material gain, then you can at least get fired, and possibly prosecuted for fraud.

      Report Post »  
  • AllLost
    Posted on June 28, 2012 at 12:16pm

    I was going to try to be cheeky about this, but I cannot dishonor those men and women who have served and earned their accolades through pain, blood, tears, and fear.

    Now those that didn’t earn their accolades through anything but fraud and connections…cough John Kerry…cough.

    And for those that parade around pretending I will do everything in my power to shame you, to out you.

    Report Post »  
    • jaylew
      Posted on June 28, 2012 at 9:43pm

      I want to thank you because i was going to post something smarmy and actually stupid…but then you reminded me of the medal adorned men and women who have been killed or injured defending this country and this is NOT a place to post comedic or off the cuff humorifics. So I will just say this…..this was yet another bonehead decision by the current knuckleheads sitting on the supreme court. If it did not sound so dog gone awful…I would actually comment on just exactly how inept the three females really are. Complete and total simpletons…I would rather have three illiterate porn stars sitting on the bench than these three totally unattractive and viciously liberal sea hags.

      Report Post » jaylew  
    • BrownWaterVet
      Posted on June 29, 2012 at 3:10am

      Well said Jaylew. Perhaps if the 9 in black robes had served this country in the military & in combat, they would see how much this hurts us. I wonder if they would make the same decision if people were claiming to be lawyers or judges (not giving legal advise, just claiming to be one).

      Semper Fortis

      Report Post »  
  • Liekiller
    Posted on June 28, 2012 at 12:05pm

    As a recipient of the Star of Valor from my service in Iraq I find this hard to accept. When I got my purple heart in Viet Nam I thought I was fighting for truth. Makes the Bronze Star I got for fighting the Germans and Japanese in WWII (and Germans in WWI) seem meaningless. Just sickens me to think all those wounds I received at the Battle of Gettysburg were for naught.

    Of course I speak for those who REALLY served their country. Thank you for your dedicated service. I won’t let pinheads like Alvarez diminish your sacrifice.

    Report Post » Liekiller  
  • DarthMims
    Posted on June 28, 2012 at 12:04pm

    I’m confused by people arguing that this ruling somehow goes against the Constitution. As far as I know, there is nothing in the Constitution about lying being a crime. The guy should have been immediately fired from his position for providing false information, and ostracized by the public for making a mockery of military service, but legally punishing someone for lying is reserved for lying under oath in a court of law. The only effect this ruling will have is now guys that go to bars and try to pick up chicks while wearing some sort of military uniform can lie to her how many medals he won for being heroic and manly.

    Report Post » DarthMims  
    • Pounding_hammer
      Posted on June 28, 2012 at 12:21pm

      @ DARTHMIMS

      I can’t help but admit that the SCOTUS, and you, are correct. I firmly believe in the values that founded this great nation, and making it a criminal offense to lie about awards doesn’t line up with our Constitution.

      Now that being said, back in the days of our founding fathers, people who make that up would treated like the lying trash they are, and so we should do the same now.
      Let your Yes be Yes, and you No be No. Don’t make this stuff up, it WILL come back to get you later on when you lie about this.
      But being arrested or listed as a criminal for this…. I agree, not constitutional.

      Report Post » Pounding_hammer  
    • DarthMims
      Posted on June 28, 2012 at 1:26pm

      @POUNDINGHAMMER, Thank you for your rational, logical comment. I will only remind you that in the days of our founding fathers, our founding fathers made up the medals. Like Washington grabbing a piece of ribbon off of the ground and pinning it to a wounded soldier, later known as the Purple Heart. But you are right, if the public were more outraged at morally wrong things, less morally wrong things would happen.

      Report Post » DarthMims  
    • old white guy
      Posted on June 29, 2012 at 4:36am

      what was that line about a religious and moral people. not many left are there???? certainly not enough to turn this ship around.

      Report Post »  
  • WTF
    Posted on June 28, 2012 at 11:56am

    Start stockpiling the guns, ammo, food and water. Not sure how many more years the U.S. can go without either having another civil war, or having to defend ourselves from our own government, or some other government who calls in their marker on our debt that they own.

    Report Post »  
  • Nepenthe
    Posted on June 28, 2012 at 11:56am

    Holy Moly for all this talk about the constitution from this website everyone is quicker than quick to throw out the first amendment. SCOTUS was correct in this decision, there is no reason to punish someone for telling faleshoods that do not infringe on the rights and well-being of other people. Using a different name to post on this website? Illegal, please pay your fines and have this conviction on your record!

    Report Post » Nepenthe  
  • Detroit paperboy
    Posted on June 28, 2012 at 11:56am

    Fantastic, hey everybody, I stormed the beaches of Normandy, and saved 7 thousand fellow soldiers while single handedly finding hitler and liberating all of Europe , I have 125 medals to prove it…….just fantastic…….WTF ?

    Report Post »  
  • thegreatcarnac
    Posted on June 28, 2012 at 11:53am

    The supreme court is upside down…; just like the rest of Washington d.c. Good is bad and bad is good…..just like the Bible verse describing these times. What you know is constitutional or is not constituitional makes no difference to SCOTUS. They are 9 dictators. Down with them.

    Report Post »  
    • DarthMims
      Posted on June 28, 2012 at 12:06pm

      Most of whom were appointed by Republican Presidents.

      Report Post » DarthMims  
  • HorseCrazy
    Posted on June 28, 2012 at 11:23am

    our constitution is now a meaningless piece of paper with no one of morals or character to uphold it. I am sickened by the rulings coming out of the court. states you have no freedom from the feds, military folks your medals are now worthless in the eyes of the government but not in my eyes. the freedom you fought to uphold is now gone. I am disgusted today and disturbed by the court as everyone else should be. we are on a straight fast road to tyranny.

    Report Post »  
    • encinom
      Posted on June 28, 2012 at 12:31pm

      The First Amendment and the Freedom of Speech was upheld with this ruling.

      Report Post »  
    • oldguy199
      Posted on June 28, 2012 at 6:46pm

      Lying is free speech—but still lying Sad but true

      Report Post »  
    • DaveCCC
      Posted on June 28, 2012 at 8:42pm

      Encinom Good for Obama and Holder or they would be under the jail. I don’t know if lying for gain is covered under the First Amendment.

      Report Post »  
  • DR4SOUL
    Posted on June 28, 2012 at 11:18am

    It‘s tragic that our Supreme Court doesn’t understand the implications of Marxism. What a great disappointment Roberts is to sane conservative constitutionalists. Hopefully the people of America will now double their efforts to vote out Obama in November and give Romney an opportunity to do it right. The very fact that very few legislators even read the misnamed “Affordable Health Care Act” before they voted on it “to find out what was in it,” should have given SCOTUS reason to reject the entire act. The consequences of this idiotic decision will be on Robert’s head!

    Report Post »  
  • blanco5
    Posted on June 28, 2012 at 11:17am

    I was in the War of 1812, the Korean war, the Vietnam war, the Gulf war and…….hmmm what else can I make up…..

    Report Post »  
  • blackyb
    Posted on June 28, 2012 at 11:13am

    The Justices did what they intrepreted as our law. Actually they are very wise. The Justices know much more about Constitutional law than most of us put together. We should start seeing to it our children learn the Constitution as it was written beginning in grade school. They should be tested on it to pass high school. Children should be helped to learn to intrepret the Constitution in the Spirit in which it was written and not from some left or right leaning professors. This will take someone who is right for the job. Children should not ever again be subjected to indoctrination and lies. Teachers who engage in misintrepretating the Truth and the Law should be fired. This is very important and not something that should be taken litely for the sake of the children. The Holy Bible and Ten Commandments give a basis of the Law in Truth. The Ten Commandments and the desire to strive towards goodness is what the law is. It is to free, not enslave. It is to protect and respect, not to be used to enhance political agendas.

    Report Post » blackyb  
    • NeoFan
      Posted on June 28, 2012 at 11:40am

      Its very evident the justices dont have a clue about what the purpose of the constitution is or what the founders intended. Ever learning and never coming to the knowledge of the truth.
      The purpose of the constitution was to restrict the government not give it powers.

      Report Post »  
    • Chet Hempstead
      Posted on June 28, 2012 at 5:27pm

      NeoFan
      The purpose of the constitution was to restrict the government not give it powers.

      That is the basis of this ruling. The First Amendment restricts the government from trying to regulate human nature by passing a law against lying about yourself.

      Report Post »  
  • blackyb
    Posted on June 28, 2012 at 11:06am

    That strengthens states. That could be a plus.

    Report Post » blackyb  
  • blackyb
    Posted on June 28, 2012 at 11:04am

    If lying was illegal, all politicians and most media would be in jail as would most people in general. God will sort it all all

    Report Post » blackyb  
    • Winedude
      Posted on June 28, 2012 at 11:40am

      Either God can prevent evil but chooses not to, which means he is not all-good, or he wishes to prevent evil but cannot, which means he is not all-powerful.

      God gives all of us free will,…and when we come to the fork in the road where one path will lead us to heaven and one to hell, we have a choice, and God is not responsible for what choice we make. But, if God is all knowing, he would know which path we take.

      In other words, God is one large conundrum and probably doesn’t even exist. To rely on God to solve your problems and sort things out is a lot of wishful thinking. But, good luck with that…

      Report Post »  
    • joannhh
      Posted on June 28, 2012 at 1:19pm

      Hey WINEDUDE, if you have free will, when did you get it? Did you choose to be male?….pick your parents?….when and where you were born?….but at some magical point, you acquired free will. Wow, what scary existence. I‘m just say’n…..

      Report Post »  
  • barber2
    Posted on June 28, 2012 at 10:55am

    This sounds like the alinsky method: the “ organizer” can take over only after the people have become totally disheartened… only hope is November…another result like this and ……

    Report Post »  
  • lembrandt
    Posted on June 28, 2012 at 10:40am

    WTF is the Supreme Court doing?!?!?!?!

    This decision – Obamacare – Arizona…the Supreme Court is obviously trying to destroy the USA.

    This is what happens when we have socialist/communist Justices.

    We are being ruled by a Communist President who is being backed up by a Socialist Court – this crap is now the law of the land?

    Are there enough Secret Service agents in the world to protect the Justices and the President?

    Report Post »  
    • EqualJustice
      Posted on June 28, 2012 at 10:50am

      OMG, it seems that Obama’s Appointees are REALLY legislating from the bench! How sad that the Constitution isn’t even considered.

      Report Post » EqualJustice  
    • anomnomnommm
      Posted on June 28, 2012 at 11:00am

      Why is this not a free speech issue for you guys?

      Report Post »  
    • tjhappy
      Posted on June 28, 2012 at 1:22pm

      Anomnomnommm,
      Free speech is fine, but public deception is not.

      Would it be free speech to say that Anomnomnommm is a child molester?

      There is a limit to “free” speech. If it causes harm then the damaged party should be able to get restitution.
      If a politician lies able their service to voter, are they not damaged if they vote for him/her based on that false information?

      Report Post »  
    • djaznh
      Posted on June 28, 2012 at 7:46pm

      @ANOMNOMNOMMM..

      I understand your question and on the surface, this would be a free speech issue, but..

      We now have a president, who may, or may not, be ineligible to sit his office.

      With this ruling, if he lied, or if any other statesperson lies about their background, a challenge may be moot with this ruling.

      To say I’m one person, when I’m not, to profit in any way, is fraud.

      Report Post »  
  • Detroit paperboy
    Posted on June 28, 2012 at 10:39am

    Lock and load people……this is EXACTLY what our Founders warned us about…….EXACTLY…..

    Report Post »  
  • SamIamTwo
    Posted on June 28, 2012 at 10:36am

    LOL…simply out of touch…tired of all of them…clowns to the left of me, jokers to the right.

    Here I am STUCK in the middle again.

    Report Post » SamIamTwo  
  • Arkansawyer
    Posted on June 28, 2012 at 10:35am

    So WHAT is the point to give a medal now? The medal, even the BIG one don’t mean **** to the person or the nation.

    Report Post »  
  • TaylorMadeCountryGirl
    Posted on June 28, 2012 at 10:35am

    Have we any standards left?

    Report Post » TaylorMadeCountryGirl  
    • SamIamTwo
      Posted on June 28, 2012 at 10:38am

      Not now…government via the Supremos just said the Government is here for your salvation…been going down hill since they enacted SS.

      Report Post » SamIamTwo  
  • Snowleopard {gallery of cat folks}
    Posted on June 28, 2012 at 10:16am

    Why does this matter anymore; now with Obamacare surviving, there is no limit to what Obama can impose upon us at his whim.

    Report Post » Snowleopard {gallery of cat folks}  
    • SamIamTwo
      Posted on June 28, 2012 at 10:38am

      Very true…

      Report Post » SamIamTwo  
    • EqualJustice
      Posted on June 28, 2012 at 10:48am

      There are provisions that say states can OPT out with NO penalty? How does that work? I think many states will do just that. I also know many people who will NOT COMPLY with this and will not pay the fine.

      Report Post » EqualJustice  
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