Faking of military medals no longer illegal in CA..

SteamWake · 08-18-10, 10:42 AM

Are the courts intentionally trying to divide the country?

Quote:

A three-year-old federal law that makes it a crime to falsely claim to have received a medal from the U.S. military is unconstitutional, an appeals court panel in California ruled Tuesday.

http://www.foxnews.com/us/2010/08/17...onstitutional/

August · 08-18-10, 10:44 AM

If it goes to the Supreme Court the law will be upheld I hope.

Gerald · 08-18-10, 10:45 AM

It does not sound good, are certainly one or two who have a different view

Dowly · 08-18-10, 10:46 AM

That's stupid.

Ducimus · 08-18-10, 03:18 PM

A link that is not fox news:

http://www.sfgate.com/cgi-bin/articl...1EVG92.DTL&aaa

Regardless of news source, I think there should be some penalty if one decides to lie about having recieved the highest decoration this country has to offer.

antikristuseke · 08-18-10, 03:22 PM

Wait, what?
Unconstitutional how?

frau kaleun · 08-18-10, 04:03 PM

Freedom of speech.

As much contempt as I have for anyone who'd lie about such a thing, I can see where being subject to prosecution for just saying it would violate the First Amendment.

I'm assuming that any attempt to capitalize on the lie that results in fraudulent activity to the detriment of others would still be a punishable offense.

antikristuseke · 08-18-10, 04:20 PM

Hmm, as much as I don't like it have to concede the point to you, Frau.

fred8615 · 08-18-10, 04:34 PM

Quote:

Originally Posted by frau kaleun

Freedom of speech.

As much contempt as I have for anyone who'd lie about such a thing, I can see where being subject to prosecution for just saying it would violate the First Amendment.

Except, as noted in the Fox News article, the U.S. Supreme court has already said the 1st Amendment does not give you a right to lie.

frau kaleun · 08-18-10, 04:39 PM

Quote:

Originally Posted by fred8615

Except, as noted in the Fox News article, the U.S. Supreme court has already said the 1st Amendment does not give you a right to lie.

I was referring to the report at Ducimus' link, which gives "freedom of speech" as the reason for the ruling:

Quote:

A federal law making it a crime to lie about receiving the Medal of Honor or other military decorations violates freedom of speech, a federal appeals court ruled Tuesday.

fred8615 · 08-18-10, 04:43 PM

Quote:

Originally Posted by frau kaleun

I was referring to the report at Ducimus' link, which gives "freedom of speech" as the reason for the ruling.

From the Fox News article:

Quote:

The dissenting justice insisted that the majority refused to follow clear Supreme Court precedent that false statements of fact are not entitled to First Amendment protection.

Platapus · 08-18-10, 04:58 PM

Just remember that if you make it illegal for anyone to wear military medals/ribbons they have not earned, it has to apply to TV, Movie, Stage, and Re-enactments too. Do we really want to stop re-enactors from wearing medals?

mookiemookie · 08-18-10, 05:19 PM

Quote:

Originally Posted by Platapus

Just remember that if you make it illegal for anyone to wear military medals/ribbons they have not earned, it has to apply to TV, Movie, Stage, and Re-enactments too. Do we really want to stop re-enactors from wearing medals?

Oh stop it. No it doesn't. Actors in cop shows are not arrested for impersonating police officers, are they?

SteamWake · 08-18-10, 07:08 PM

Quote:

Originally Posted by Platapus

Just remember that if you make it illegal for anyone to wear military medals/ribbons they have not earned, it has to apply to TV, Movie, Stage, and Re-enactments too. Do we really want to stop re-enactors from wearing medals?

Oh for cryin out loud you have got to be kidding me....

Platapus · 08-18-10, 07:16 PM

Of course it is silly. That was my point.

This is why laws preventing citizens from dressing up are not only stupid but unconstitutional.

Now if a person dressing up tries to exercise any authority, or tries to gain money or profit from the impersonation, that is illegal. Which is why we have laws that prevent people from impersonating a official and taking an action based on the presumed authority of the costume. That is a smart and constitutional law.

If I want to dress up as a police officer, I can. But if I try to exercise the authority of a police officer, that's illegal. Not the dressing up, but the attempt to exercise authority that is unauthorized.

The same goes for dressing up as a military member. Actors do it, re-enactors do it, and citizens do it. Nothing illegal about it, until they try to exercise any authority without authorization.

Now do you understand why dress up laws are not good, but attempting unauthorized authority laws are good?

08-18-10, 10:44 AM	#2
August Wayfaring Stranger Join Date: Apr 2005 Location: Massachusetts Posts: 23,197 Downloads: 0 Uploads: 0	If it goes to the Supreme Court the law will be upheld I hope. __________________ Flanked by life and the funeral pyre. Putting on a show for you to see.

08-18-10, 10:45 AM	#3
Gerald SUBSIM Newsman Join Date: May 2008 Location: Close to sea Posts: 24,254 Downloads: 553 Uploads: 0	What signal, it? It does not sound good, are certainly one or two who have a different view __________________ Nothing in life is to be feard,it is only to be understood. Marie Curie

08-18-10, 04:58 PM	#12
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,360 Downloads: 63 Uploads: 0	Just remember that if you make it illegal for anyone to wear military medals/ribbons they have not earned, it has to apply to TV, Movie, Stage, and Re-enactments too. Do we really want to stop re-enactors from wearing medals? __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.

08-18-10, 07:16 PM	#15
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,360 Downloads: 63 Uploads: 0	Of course it is silly. That was my point. This is why laws preventing citizens from dressing up are not only stupid but unconstitutional. Now if a person dressing up tries to exercise any authority, or tries to gain money or profit from the impersonation, that is illegal. Which is why we have laws that prevent people from impersonating a official and taking an action based on the presumed authority of the costume. That is a smart and constitutional law. If I want to dress up as a police officer, I can. But if I try to exercise the authority of a police officer, that's illegal. Not the dressing up, but the attempt to exercise authority that is unauthorized. The same goes for dressing up as a military member. Actors do it, re-enactors do it, and citizens do it. Nothing illegal about it, until they try to exercise any authority without authorization. Now do you understand why dress up laws are not good, but attempting unauthorized authority laws are good? __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.

08-18-10, 10:46 AM	#4
Dowly Lucky Jack Join Date: Apr 2005 Location: Finland Posts: 25,052 Downloads: 32 Uploads: 0	That's stupid.

08-18-10, 03:18 PM	#5
Ducimus Rear Admiral Join Date: May 2005 Posts: 12,987 Downloads: 67 Uploads: 2	A link that is not fox news: http://www.sfgate.com/cgi-bin/articl...1EVG92.DTL&aaa Regardless of news source, I think there should be some penalty if one decides to lie about having recieved the highest decoration this country has to offer.

08-18-10, 03:22 PM	#6
antikristuseke Silent Hunter Join Date: Jun 2007 Location: Estland Posts: 4,330 Downloads: 3 Uploads: 0	Wait, what? Unconstitutional how?

08-18-10, 04:03 PM	#7
frau kaleun Rear Admiral Join Date: Nov 2009 Location: Skyri--oh who are we kidding, I'm probably at Lowe's. Again. Posts: 12,706 Downloads: 168 Uploads: 0	Freedom of speech. As much contempt as I have for anyone who'd lie about such a thing, I can see where being subject to prosecution for just saying it would violate the First Amendment. I'm assuming that any attempt to capitalize on the lie that results in fraudulent activity to the detriment of others would still be a punishable offense.

08-18-10, 04:20 PM	#8
antikristuseke Silent Hunter Join Date: Jun 2007 Location: Estland Posts: 4,330 Downloads: 3 Uploads: 0	Hmm, as much as I don't like it have to concede the point to you, Frau.