Stolen Valor Act Unconstitutional

[bubbleheadchief]

[quote name="jakobeast"]



See? Wouldn't it be better to beat the shit outta them?[/quote]

i would love to...cant deny that.......but i think you throw the guy in jail for a year and tell the other inmates he molested a kid

 

[IceHogsFan]

[quote name="jakobeast"]



See? Wouldn't it be better to beat the shit outta them?[/quote]



Both?

 

[JOVE23]

[quote name="sth"]Illinois Nazis can make really vile speeches but as long as they aren't a threat to create violence.[/quote]



I hate Illinois Nazis.

 

[sth]

[quote name="JOVE23"]



I hate Illinois Nazis.[/quote]

 

[TSD]

[quote name="JOVE23"]http://www.armytimes.com/news/2010/07/ap_fake_hero_penalty_071610/







Thoughts?



I can see both sides; I don't like infringing on First Amendment rights very much, and if this guy just pretends to be a war hero to get his kicks and doesn't benefit from it , have fun with that.



BUT



Who lies about being a war hero for any other reason than to benefit? That's not free speech, it's fraud. Plus, it takes away from those who actually did serve honorably.



Discuss.[/quote]



exactly he is benefiting. Some people have a heightened level of respect, for someone who served and distinguished themselves in combat, its more than being a soldier/marine etc. you did something above and beyond, indicating a character not many possess.



He did it because he was looking for that attention and praise.

 

[MassHavoc]

This isn't an issue. It's against the law plain and simple. There is a very specific law that addresses this exact issue, and he broke it plain and simple. Peeing in public, freedom of speech, punching babies, freedom of speech. Shoot someone in the face, freedom of speech. What's to stop people from impersonating anyone? What if he was impersonating a cop, or a banker, god forbid he swindled folks as an investment banker... errr wait.



Look if it wasn't a law for this exact thing he did then I'd still think he was a ****** and should be beat the shit out of, but I would say he shouldn't go to jail or anything. But it is a law, he knew it, and he broke it on purpose. Not for a statement of any kind, but to take advantage of people and their sympathies, plain and simple.

 

[PatrickSharpRules]

Hahah, pretty pathetic there needs to be a law concerning this, this country is hilarious.

 

[LordKOTL]

[quote name="PatrickSharpRules"]Hahah, pretty pathetic there needs to be a law concerning this, this country is hilarious.[/quote]

For all the stuff I love about this country, some things just make me go WTF?!?!?. For example, to paraphrase Dennis Leary: "Only in America would cocaine not be good enough for someone--so they'd invent crack."

 

[mikita]

While lying about ones military service is certainly deplorable, I'm going to have to side with the judge on this issue. I think he made the correct ruling. We cannot have the government regulating speech, simply because a majority of the country doesn't like what is being said. That's a dangerous game to play. A lot of speech is deemed "wrong" by society, but we don't ban it. It's not the government's place.



Part of the cost of maintaining a free society is putting up with idiots who use that freedom in distasteful ways. I will always stand on the side of the first amendment. Someone else mentioned fraud. Fraud is already a crime and can be prosecuted if need be. We don't need the government telling people what they can say.

 

[MassHavoc]

I will now change my login to Admiral Havoc, and I expect you all to address me accordingly.

 

[TSD]

[quote name="mikita"]While lying about ones military service is certainly deplorable, I'm going to have to side with the judge on this issue. I think he made the correct ruling. We cannot have the government regulating speech, simply because a majority of the country doesn't like what is being said. That's a dangerous game to play. A lot of speech is deemed "wrong" by society, but we don't ban it. It's not the government's place.



Part of the cost of maintaining a free society is putting up with idiots who use that freedom in distasteful ways. I will always stand on the side of the first amendment. Someone else mentioned fraud. Fraud is already a crime and can be prosecuted if need be. We don't need the government telling people what they can say.[/quote]





How is this "speach" though? Impersonating a police officer is a crime isnt it? Should not impersonating a service member be as well?

 

[mikita]

[quote name="TSD"]

How is this "speach" though? Impersonating a police officer is a crime isnt it? Should not impersonating a service member be as well?[/quote]



Impersonating a police officer is a crime, although I think the statute is too broad. The supreme court allows certain limitations to free speech when there is an overriding public interest in preventing harm to others. Yelling "fire" in a crowded theater is the classic example given by (i think) Oliver Wendell Holmes. My personal opinion is that simply stating that you are the police shouldn't be a crime, unless you are using that assumed authority to perpetuate a crime or abuse of some kind.



I think 720 ILCS 5/32-5.1 "A person who knowingly and falsely represents himself to be a peace officer of any jurisdiction commits a Class 4 felony" gives the government too much leeway. I understand the argument though. Police officers have authority over citizens and one could potentially commit serious harm while pretending to be the police. Military personnel have no civilian authority, so I'm not sure what harm is being done, other than royally pissing people off.

 

[Tater]

[quote name="MassHavoc"]I will now change my login to Admiral Havoc, and I expect you all to address me accordingly.[/quote]



I think "Private Poop Deck" is a better fit.