CA state official false Medal of Honor claim defended as Freedom of Speech

[Whalebite]

I think as far as the law is concerned, he should get away with it. Freedom of speech is not for popular speech, it is for all speech (that does not directly lead to violence etc...)

I also believe he should get the shit kicked out of him, just not by the court.

 

[phrogdriver]

Impersonating a member of the military is illegal, I believe. Claiming official government credentials of any kind could legitimately be made illegal. Military decorations are a type of credential. Ergo, I don't think you can claim free speech in this case. It's along the lines of a false official statement.

 

[schwarti]

Freedom of speech doesn't extend to fraud, as far as I'm aware.

 

[BACONATOR]

Impersonating a member of the military is illegal, I believe. Claiming official government credentials of any kind could legitimately be made illegal. Military decorations are a type of credential. Ergo, I don't think you can claim free speech in this case. It's along the lines of a false official statement.

Concur. This is exactly correct. Receiving the MOH entitles you to certain benefits and services as well as the recognition (and obviously that you are a uniformed service member). This is impersonation and fraud.

Try impersonating a peace officer and see what happens if you're caught.

"Freedom of Speech" no worky.

 

[Nose]

I think as far as the law is concerned, he should get away with it. Freedom of speech is not for popular speech, it is for all speech (that does not directly lead to violence etc...)

Not ture. There are many legal "Carve outs" to the first amendment. You can't hollar "Fire" in a movie theater, you cannot (as a member of the military) say derogatory things about your chain of command (even if they are true), you do not have freedom of speech in advertisements. The guy violated a law, which would have to be found unconstitutional.

 

[HuggyU2]

Hang him,... hang him high.

 

[Mumbles]

Hang him,... hang him high.

ditto

 

[Achilles]

Impersonating a member of the military is illegal, I believe. Claiming official government credentials of any kind could legitimately be made illegal. Military decorations are a type of credential. Ergo, I don't think you can claim free speech in this case. It's along the lines of a false official statement.

Doesn't this violate the Stolen Valor Act regardless of any free speech defense? Or am I totally reading the act wrong? I thought the act claims that it's illegal to represent yourself as having been awarded any medal if you haven't been awarded that medal.

 

[raptor10]

From the op

The motion argues that the Stolen Valor Act of 2005, under which water board member Xavier Alvarez was charged, is incompatible with the First Amendment because it restricts free speech by criminalizing false claims of military honors.

 

[Achilles]

From the op

Thanks, methinks I should pay more attention when I speed read.

 

[raptor10]

This thread is useless without pics...

Remember Xavier Alvarez has never served in the military...
And for a more in depth look at the legal defense

http://claremontca.blogspot.com/2008/01/xavier-alvarez-redux.html

 

[insanebikerboy]

^^^ Looks like that guy went to the surplus store and said "I'll take one of everything" and put it on the uniform. :icon_roll

 

[Achilles]

^^^ Looks like that guy went to the surplus store and said "I'll take one of everything" and put it on the uniform. :icon_roll

We can always play spot the medal... Is that a trident and a special forces pin on his right breast?

 

[phrogpilot73]

We can always play spot the medal... Is that a trident and a special forces pin on his right breast?

Don't know about the special forces pin, but clearly no Trident.

 

[FMRAM]

This thread is useless without pics...

Remember Xavier Alvarez has never served in the military...
And for a more in depth look at the legal defense

http://claremontca.blogspot.com/2008/01/xavier-alvarez-redux.html

What a homo...