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By | July 16, 2010 35 Comments

Stolen Valor Act ruled unconstitutional

All those impostors who lied about being in the military when they weren’t, lied about earning medals of valor when they didn’t, have just gotten a get-out-of-jail-free card.

A federal judge in Denver has ruled that the Stolen Valor Act, which made it illegal to falsely claim any military decoration or medal, is “facially unconstitutional.” The law violates the First Amendment right of free speech.

Great. Now military impostors like my ex-husband, who told me that he won Australia’s equivalent of the Congressional Medal of Honor, so that I would believe he was a responsible and trustworthy man, are free to lie all they want. Lying about military service is protected speech.

This is outrageous. As I wrote back in February in Stolen Valor v. First Amendment, the problem isn’t just that these liars dishonor the achievements of those who actually served. They usurp the regard of true heroes in order to deceive people.

Read Charge dismissed in fake hero’s case, Valor Act ruled unconsititutional on denverpost.com.

Link submitted by a Lovefraud reader.

Posted in: Laws and courts

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Ox Drover

WOW!!!! Now aren’t we happy for the ACLU! NOT!!!! Well, yelling FIRE in a crowded theater is “protected” speech too, but it gets people hurt or killed in the chaos.

I wonder if they can get him for any filing of false documents for forming a non profit? There ought to be something they could get this creep on.

You are right Donna, this is outrageous! How about if he claimed to be a doctor or a lawyer? Would that not just be a “lie” too? Or how about if he married you and lied that he wasn’t already married? Is that just a lie too? How about if he said he was a policeman? It is against the to pretend to be a cop so why is it not against the law to pretend to be a war hero? Or even pretend to be a veteran? Since when is LYING okay to get some kind of benefit? How about if I lie to the welfare department and tell them I have 10 kids and I want my husband’s VA benefits? Is that okay?

Sheesh!!!! I am with you Donna! That is a crock of CARP!

ErinBrock

So okay…..then, how is a ‘threat’ a chargeable offense….
I’m going to ‘murder’ you? I’m going to ‘kill’ the President.
I will ‘hurt’ you or better yet….I’m going to have your head on a platter….Or I’ll see to it that you don’t live to see another day…….are not those words considered protected under the first A?
How about verbal harassment?

Why are we required to ‘respect’ a judge in the courtroom, or a police officer in the station or anyone for that matter?

Can I stand on the public streetcorner chanting….I’m going to ‘kill’ the President and blow up the WTC? What if I got a permit to publicly gather…..can i say what I want? Why would anyone see this as a threat? It’s public speaking….it’s a protected right huh?

How about slander cases?
Isn’t it protected first amendment speech? I have a right to say/lie what I want?

If I take no actions in the direction of killing or blowing anything up…….no one should take any notice of me….it’s just me exerting my right to free speech?

I think this is PATHETIC and a licence for Cluster B’s to get away with whatever they dream up……and be protected under the constitution…..

Another fuck up of our government!!!!! (My opinion….and THA”TS free speech)!

I think it’s a crime against the government (portraying yourself in the military and honors etc…) and the govemnt isn’t going to stand up……..

SHOCK!

Yes indeedy. And to institutionalize the whole concept even further, the supreme court ruled that corporations, who have the rights of persons, therefore have the right to free speech. And that for one, “lying” is a form of speech, and therefore protected speech, and “money” ie, political donations, is a form of speech, and therefore protected. Case closed, badda bing badda boom.

We wonder why we struggle with these ethical issues in our personal lives? Read my lips..

Ox Drover

Ethical issues???? What do you mean, do you mean there should be some kind of standards of “truth and justice and the American way?” Nah, you are both just closed minded prudes!

John Edwards for president! Snipes for Tax Czar! Mel Gibson for Domestic Abuse Prevention Czar! OJ for Family Harmony Czar! Let’s see who else we can nominate! Oh, How about Lyndsay for Drug Abuse prevention commissioner! And BP Prez for corporate compliance and safety officer! Oh, and Fergie for Honesty and Ethics officer! Yea, we could go on like this all night. But speaking of night, nite nite all–off to a late bedtime! Sleep well and be good to yourselves!

teacher123

Once again the military justice is more honorable than civilian law as it is crime to impersonate an officer if you are in the military- article 134 UCMJ. Adultery is also a violation of military law, so is sodomy. Unless they have made changes since I served.

Dani S

There are still laws standing in Australia and the government here do not take it too lightly when people make false military claims and usually makes the news here.
So Donna there is still a chance they will get your ex husband here, it will catch up with him one day! Oh that’s right isn’t he a Doctor now?? lol
My ex claimed to be a nice person, there should have been a law against that too!
Fraud is a spath’s middle name!

Wini

Oxy, we know that good intentions are the creative forces behind any/all checks and balances being implemented. We also know that negative, manipulative (non creative) personalities (smiling to everyone’s faces) are the ones that step on and over all others to obtain said seats. Once these malignant personalities take over any structure that was implemented, their selfishness and manipulations end up crashing and burning any/all positions they hold.

pollyannanomore

FECK THEIR RIGHTS. Lying should be a major offence punishable by law. Isn’t masquerading as someone you are not called FRAUD?? I am so sick of seeing these sick f***s protected by their ability to loophole through the law. They don’t physically bash so they can’t be charged with domestic violence … now they can say whatever the hell they like EVEN IF IT IS A PROVABLE LIE and get away with it???! WTF???

WHAT ABOUT OUR RIGHTS?? The rights of the ordinary person on the street to be somewhat protected by the government and state officials WHOSE SALARIES WE PAY VIA OUR TAXES?? Why ARE we paying taxes? I have to wonder as each liberty and protection is gradually eroded … I’m actually starting to wonder if half our elected officials aren’t sociopaths themselves … maybe they’re proliferating freely in society with no checks and balances to keep the regular population diistracted from the bigger picture. Why else would there be no public education campaign so the wider public can learn and protect themselves from them?? Why do we have no information on these predators being widely circulated in national campaigns??

Oh this story just makes my blood boil = they get protected while we get shafted and they’re the ones deceiving and hurting. It seems to me that good people haven’t a hope in hell in our current society. All rights and protections are gradually being eroded in the name of protecting the rights of others.

Wini

Pollyannanomore, did you ever hear the saying “the foxes are watching the hen house”?!.

one/joy_step_at_a_time

oh crap! i heard it may go this way.

one of the few things we CAN use to stop their BS…. bet they are all doing the pee dance with glee over this one.

mine pretends to be a number of whole other people and it still isn’t effing illegal. now if she had let me send ONE THING THOUGH THE MAIL, i could charge her with mail fraud/ theft. sigh. important to protect STUFF and systems, not people.

between staying just on this side of the law and the lack of protective legislation she’ll roll until she dies or someone goes ballistic and kills her.

Ox Drover

Most instances of fraud are not prosecuted at ALL. If they have or are good attorneys they get away with it. This is just another instance of FRAUD.

Teacher, I think adultery is still prosecuted to some extent in the military and they have other rules as well….the policy now is most recently “don’t ask, don’t tell” as far as being gay is concerned, but there is a push for open serving of gays in the military, so don’t know how that will play out in the long run.

Yes, FRAUD as I understand it is lying with intention to deceive someone and get something by doing so….so how is that different from claiming valor you didn’t earn?

Wini

Oxy, what type of FRAUD? Company fraud, or individuals conning other individuals?

Ox Drover

All of the above, actually. FRAUD is as I understand it representing something false to get you to give me access to your money/possessions.

Silvermoon’s husband committed FRAUD by saying he was not married when he married her, it was classed as “bigamy” lying about being married and then marrying, but none the less, it was LYING–and getting the other person to treat you as if what you said (and they believed) was the truth—so to me at least, LYING about being a war hero or a veteran is FRAUD=lying=Illegal, NOT “protected speech.” Just as lying about being married so someone will marry you is FRAUD as well.

Many times DAs don’t want to prosecute fraud because it takes time and effort and the courts usually will not give them much if any sentence anyway. Just like silvermoon couldn’t get them to prosecute bigamy as it isn’t a “serious” crime TO THEM, only to the WOMEN and MEN who are defrauded and whose lives are TORN UP!

Just like John Edwards didn’t do anything that we know of that would get him arrested, but he sure DEFRAUDED his terminally ill wife when he lied to her. Protected speech? I guess, maybe, but damn there “ought’ta be a law….” The “no fault” divorce laws are not, I think, all they are cracked up to be. There ought to be some provision for people like Elizabeth Edwards…..who knows she is dying and that her children will be with their father and which ever woman/women he is with. Unfortunately I don’t think she can prevent that. Just because a parent is proven reprehensible and immoral, a lying cheating fraud “doesn’t mean he isn’t a good father.” Where is the puke emoticon when you need one? : (

But then, what do I know, right?

teacher123

I just did browse the original article which I will have to go back and really look at- sounds like good stuff. This was in our local news today. The man who wrote the Stolen Valor book is not giving up. He along with lawyers are filing appeals. Also along with the P.O.W. network or website that identifies frauds the Stolen Valor site does as well. If nothing else the fact that liars are identified on the internet may save someone else who bothers to check. Here is the link for that. Apologies if this was done before- again I didn’t follow the original story on here when it came out.
http://www.stolenvalor.com/

Ox Drover

Interesting information on the stolenvalor dot com site….most of these LIARS didn’t JUST LIE…they used the lies to get VA benefits (how could they do that, doesn’t the VA check records before giving benefits?) or to get glory or VOTES (can you imagine a politician lying about that kind of thing? LOL) wasn’t there someone in the last election who got his tit caught in a wringer over his claims about his “service in viet Nam” when he was never there? Can’t remember who it was, but was obviously “embarasing” to him to be caught LYING.

Most of the people who do this do it to GAIN something…either trust, money or benefits, votes, admiration, status….so to me it is FRAUD.

You can go to just about any flea market in the country though on any saturday and buy all the medals you want to, even though it is illegal I believe to sell them. You can buy all kinds of original war records and certificates of achievement and honors. A little white out or an eraser and presto, you are whatever you want to be.

Just like my neighbor “crazy bob” was working for CIA, FBI. was a Navy Seal, made 5,000 parachute jumps in Viet Nam and was a CPA but the only job he could find was driving a truck. LOL ROTFLMAO

Wini

Oxy, our AG running for Governor just got caught in this lie. Insisting to all the Vets that he did his tour in Nam, when in reality he was in the reserves.

Now he’s back peddling his being caught and saying he’s sorry. He takes full responsibility for his deception.

A lie is what it is. False representation of yourself or a situation. It’s manipulation at it’s finest.

Give me a break. My husband did 2 tours in Nam in the early 60s when they were still spraying Agent Orange. His file in the VA was over 5 or 6 inches thick. He got cancer from it. Died of ALS.

As soon as he died in March of 1998, my managers went after me to oust me of my job thinking, she lost her Dad in 1995, now her ex, and her mom’s dying of lung cancer. All her close allies in her life are gone or going soon. Off with her head. Go for the jugular.

You are correct about our real veterans not getting their foot in the door for employment when they came home from Nam. It’s disgusting how all the cowards avoided the draft, got their Ph.Ds or higher, doctorate degrees, law school degrees etc. Then when it came to hiring a Vet … these arrogant ash holes didn’t want them around because to look at a vet, and knowing they were sitting pretty with their high degrees and good paying jobs would prove each and every day just looking at a Vet … who the real heroes were and who with their degrees are the cowards!

Because I recognized the timing my bosses went after me … when they knew I lost everyone in my life (they did this before when my uncle died in the 80s and were doing the same MO again, kick them when they are down routine) … and knowing they all got their degrees during the Vietnam era … I stood my ground no matter what they threw at me (and they threw the book at me) … because if my father could serve in the war, my ex served in the war … my mom stayed faithful to my dad during the war … I could honor their memory and stand my ground.

Peace.

Remember the quote in the original article for our posts…

“This is outrageous. As I wrote back in February in Stolen Valor v. First Amendment, the problem isn’t just that these liars dishonor the achievements of those who actually served. They usurp the regard of true heroes in order to deceive people.”

Ox Drover

Wini, Maybe you could make a big poster and say something like He’s no VET, he’s a liar! and walk around the voting area just fasr enough to be legal and remind folks not to vote for him.

kat_o_nine_tales

My old bf went to great lengths to make sure he couldn’t be prosecuted for any of the stuff he did. He spent hours searching the internet for legal loopholes to jump through.

The law did finally catch up to him, though. He was just convicted of grand larceny for cooking his bosses books behind his back and pocketing the difference. Apparently he was doing it for years and was caught by accident (an IRS audit or something).

Over the years he has pissed off a lot of the wrong people: cops, social services, child protective, lawyers, judges, etc. by lying to them. Now apparently somebody is doing some major investigation into his lies, he has just been charged with falsifying legal documents, forgery and bigamy! Boy am I glad I didn’t marry that one!

kat_o_nine_tales

These liars ought to remember that freedom of speech goes both ways.

Ox Drover

HEY,, KAT MY GIRL!!!! Where on earth have you been!!! GLAD To see you back and great news that your X is in the pen! Couldn’t have happened to a more deserving guy!

WELCOME BACK, hang around for a while GF!!!!! ((((Hugs)))))

kat_o_nine_tales

Hi Oxy.. and everybody! Love ya all my peeps. I never left guys, but for some reason posting on here became depressing to me for a while, so I’ve been just reading for a few months. Couldn’t resist posting on the Mel Gibson stuff tho.. I’m like.. Mel Nooooo! I am such a big fan… boo hoo for me.. sniff…

Don’t worry, I won’t leave, I know I still need maintenance and sometimes more than maintenance to keep my eyes open and my denial at bay. Sigh. Sometimes I think I will never learn. Last year I spent one whole semester fending off sweet and adorably normal invitations to lunch by a VERY high quality anthropology major becuz I was waiting for my dipshiz ex to pull his head out of his derrierre.

Ox Drover

Dear Kat, well is it still up his butt?

kat_o_nine_tales

No, but I’m not sure he understands why he’s covered in shiz.. lol

Nora

Once again, more lies sociopaths are allowed to get away with!

The spath I’m married to, and hopefully soon to be divorced from, has no valor, honor, or integrity, so he claims to have earned The Purple Heart Award and the Bronze Medal and has falsified his DD 214 to show these honors. I already knew these to be just a few of his many lies, but as his wife of over 9 months, I wrote to the Director of the National Personnel Records Center and recently received official documentation of the proof needed that he is a liar.
He claims he served in the USAF Special Ops unit and was injured in Desert Storm in 1991. He also claims to have been blown out of the 2nd floor of Khobar Towers in Saudi Arabia in 1996. He never served in either of these locations and never received either award.

He is a complete disgrace to the men and women who have served, and continue to serve, their country in an honorable way! It seems I have angered a few people because I have exposed this “man” and his many lies, and they are embarrassed that the truth is out about him. To me, all that means is I must be doing something right!

Matt

Nora:

If you’ve got the goods on this idiot, publicly expose him. There is a site that publicly exposes these cretins. A couple of members here have done so. I have to admit I had a great laugh over the exposure one former poster on this site accomplished! Every time you google the name of her ex, the link to the site pops up very first thing on google.

Ox Drover

NORA TOWANDA!!!!!! GO FOR IT!!!!!

GREAT SUGGESTIN MATT!!!

Jewels

Agreed, Matt ~

I believe that a person can STILL check with the websites created for exposing FAKE “Seals,” etc. Due diligence is required when dealing with these AsPD’s.

School’s going well – summer quarter is short and intense – packs the usual 10–12 weeks of study into 8 weeks, but I’m hanging in there, everyone.

~j~

one/joy_step_at_a_time

Nora – like your attitude about doing right if you are ticking off those folks. 😉

and i’d vote for exposure also.

Wini

Oxy, the state where I live is filled with BIG egos. They wouldn’t know the truth, if Jesus himself came down and presented it.

They have the attitude “don’t rock the boat”. As I write, the current Governor has deleted any/all services to the tax payers. We only pay taxes to pay for “their” salaries! Funny, one of the candidates running for Governor is saying this very thing in his campaign adds that are just starting up. He’s basically stating that he’s a Christian and this nonsense of not cutting the salaries back of the cronies in this state is beyond ridiculous … that the GRAVY TRAIN DAYS ARE OVER!

I think that’s were my vote is going (smile).

Buttons

Oh, yay…….so, it’s okay for me to impersonate a Police Officer, then? Or, a priest? Let me see….today, I want to exercise my free speech and claim to be Stephen Hawkings – I’ve always wanted to be a brain, so that’s who I’ll be this evening, and tomorrow, too, I think.

Mike’s spath brother should be estatic about this ruling! Now, he can fleece every agency and every naive human being with impugnity. Wonderful. Just wonderful.

Holy shitballs, why do I even have the nerve to be outraged? After all, some of the best and brightest sociopaths are in positions of Power. Sheeeeeeeeeeeeeeeeeeeeeesh.

Ox Drover

Buttons, I think some of them are on the appeals courts!

Cat

Dear Donna, THIS IS OUTRAGEOUS! Basically, this judge said it’s OK to lie about being in the service and yes, devalue those who are truly heroes.
I believe this is a touchy subject for me right now as I have 2 nephews serving our country as I write this; one in Afghanistan where they are being bombed almost daily. I pray daily that all of our men and women come home safe and sound. THOSE who are allowed to do this are insulting what my nephews and everyone else serving our country are doing for this country and right now, I’m taking this a bit personally. I’m PISSED right now and Donna, I can only imagine… It’s nothing more than the government telling these idiots it’s OK to lie. Oh yes, I am VERY MAD!

Buttons

Cat, I share your outrage. The spath son is one of the perpetrators of Stolen Valor. He claims to be a decorated combat Veteran and has forged military documentation to support his claims. He has also managed to generate some sort of financial benefits from these false claims, and it’s apparently just his guaranteed right of free speech???

When I discovered his forgery kit that he left in my home, I became physically, and violently, ill. Immediately, I thought about the courageous men and women who served, and are serving, and the fact that they are living in harm’s way on a daily basis. I then thought about those beautiful young human beings that were burned and blown apart, destined to live the rest of their lives in pain, misery, and emotional trauma. Then, I thought about the souls who would never celebrate another birthday, get married, or hear the sound of their baby laughing, ever again.

The grief that I experienced is indescribable – that I gave birth to someone who would perpetrate such a heinous act was more than I could bear. I was so ashamed that my own offspring would figuratively spit in the faces of all of those men and women who DID serve.

Yes, I’m outraged. I’m disgusted. And, I’m apalled that such a ruling would even be entertained, much less passed. What has our society come to?

Brightest blessings, and safety blessings for your nephews. God bless them.

Cat

Dear Buttons,
I am so sorry for you that you have a son who is one of these disordered individuals who seem to think this is OK to do. I can only imagine as a mother the pain that has to have caused, and still is. Please remember that it’s not YOU who has done this; it was a conscious choice made by your son. And we all know that the best parents in the world can have a child such as your son. It’s not you, hon. It’s him. And I’m thinking there’s nothing you could have ever done to prevent this from happening. Go easy on yourself. Hugs!

Buttons, your post was beautiful. You described all of the brave ones I thought of as well. And those who have written these false documents take so much away from those who have given the ultimate sacrifice, those injured and those who are in harm’s way now. One of my nephews is on his second tour of duty and we do pray daily for him. Many do not know what our men and women are experiencing in these hellish places.

This new law has given these disordered individuals the right to take away from the value and service of those who are serving this country and it’s OK TO DO THIS? NO, NO AND NO! It’s laws like this that make us question our judicial system.

And Donna, I think of you and all that you’ve been through and I can only imagine how this has affected you. WE all know, however, that just because this law has been passed, it does not make it morally right to do this and therein lies the difference.

Buttons, HOW can he get benefits from a false document? I’m curious about that.

Cat

Nora, just read your post and agree with Matt and the others…exposure!

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