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Old 01-13-16, 03:54 AM   #16
limkol
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Scandal.

Medals earned in blood should only be used for the purpose they were designed for. Otherwise it cheapens the sacrifices paid by others. And that should never happen.

I can not comment on the case in the LA Times, as we are not really given much information about the marine or the circumstances. Maybe the guy was a hero and felt justified, maybe not.

People have been prepared to die for a cause. They are not always financially rewarded. They don't do it for the money, otherwise they would work in advertising or something. So awarding a serviceman/servicewoman/civilian with a medal is the least their country can do. A medal is a thank you from a nation....nothing less. It should not be used as anything else. How can someone accept thanks from a nation for something they didn't do?
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Old 01-13-16, 07:21 AM   #17
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I have my fathers war medals but wouldn't dream of wearing them out of respect for him.

To each their own.
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Old 01-13-16, 07:27 AM   #18
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Quote:
Originally Posted by Cybermat47 View Post
We can do it in the Australian Air Force Cadets, I'm not sure if the US has similar regulations.
You may not do this in any US military based junior training program. In fact cadet awards and ribbions are unique.

You have seen this regulation in writing? I'm surprised it would be allowed.
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Old 01-13-16, 08:04 AM   #19
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Quote:
Originally Posted by Rockstar View Post
I dont think so, you can buy anything you want including medals and wear them. They are to some fashionable, some are worn in remembrence of others. Such as child wearing a medal of a family member who earned it. I believe its a matter of freedom of speech here in the U.S.

The issue is and always has been wether the wearer of said item or items were trying to deceive.

Personally I dont have a problem with anyone wearing uniform items and or medals. Unless they're posers then I say kick their arse.
I know what the law is, i'm just giving my opinion on it.
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Old 01-13-16, 05:31 PM   #20
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You can read the courts decision and the rational behind it at
cdn.ca9.uscourts.gov/datastore/opinions/2014/10/29/11-35796.pdf

The full court opinion (48 pages) can be accessed here

https://cdn.ca9.uscourts.gov/datasto..../11-35796.pdf

If you go to www.ca9.uscourts.gov and search for Swicher there are other documents that explain the process.

The good news is that the other convictions against Swisher were not changed
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Old 01-13-16, 06:53 PM   #21
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There's a fairly clear First Amendment case here, I think.

Wearing medals you didn't earn should be legal.

It doesn't mean we have to like it.
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Old 01-13-16, 07:36 PM   #22
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Quote:
Originally Posted by Tchocky View Post
There's a fairly clear First Amendment case here, I think.

Wearing medals you didn't earn should be legal.

It doesn't mean we have to like it.
Where exactly does it say in the First Amendment that you have a right to lie? And if you do have a right to lie, how in the world do you ever charge or convict someone of perjury??? Or lying to the police (a crime in many places)???
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Old 01-13-16, 09:08 PM   #23
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Quote:
Originally Posted by Stealhead View Post
You may not do this in any US military based junior training program. In fact cadet awards and ribbions are unique.

You have seen this regulation in writing? I'm surprised it would be allowed.
Well, it's only at ANZAC day parades and the like - not any other occasions. It's done to represent any veterans in your family that can't attend or have passed away. I should have been clearer about that.
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Old 01-14-16, 12:10 AM   #24
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Quote:
Originally Posted by fred8615 View Post
Where exactly does it say in the First Amendment that you have a right to lie?
Where does it say anyone wearing a medal they did not earn is lying. Look at Cybermat47's posts on this. People in his country and mine might wear medals to respect and honour veteran relatves. No lying involved. I don't know about aussie but if you get caught wearing an undeserved "Ebay" medal over here, boy! your going to regret it.
Two totally different scenarios.
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Old 01-14-16, 01:49 AM   #25
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In the US outside of the military law(UCMJ) which applies to military members it is not illegal to wear a military medal not actually earned. There is the Stolen Valor Act which makes it illegal to make false claims of military service for personal gain. For example if a person said they where a Navy Seal during a job application when they where not.

It illegal to impersonate a military officer as well.
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Old 01-14-16, 06:22 AM   #26
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I think that in certain situations it is fine to wear fake or unearned military awards. For example in movie making.
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Old 01-14-16, 06:54 AM   #27
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Quote:
Originally Posted by Stealhead View Post
It is illegal to impersonate a military officer as well.
Wait, so impersonating enlisted men and NCOs is legal? What numbnuts came up with that?
-----------------
Honestly, I'm shocked that wearing unearned medal for personal ego-boosting is protected by the 1st Amendment. It's not freedom of speech, it's standing on the shoulders of better people (many of whom laid down their lives) for personal gain. It's exploitation.
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Old 01-14-16, 07:33 AM   #28
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It is a US federal code basically states any federal employee. So it covers many things. In this case for the purpose of committing a crime.
https://www.law.cornell.edu/uscode/text/18/912

So don't worry it covers posing as any military member for the purpose of committing a crime.

In this case officer means a repesenative of.
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Old 01-14-16, 06:55 PM   #29
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Quote:
Originally Posted by fred8615 View Post
Where exactly does it say in the First Amendment that you have a right to lie? And if you do have a right to lie, how in the world do you ever charge or convict someone of perjury??? Or lying to the police (a crime in many places)???

Where does it say that lying, in itself, is a criminal offense?

Lying under oath is illegal
Lying for the intent of defrauding is illegal
Lying to law enforcement officials in the course of a legal investigation is illegal

But, Lying to impress people is not illegal, despite being morally reprehensible.

From the court records

Quote:
“We are aware of no authority holding that the government may, through a criminal law, prohibit speech simply because it is knowingly factually false.”



Quote:
Quote:
we presumptively protect all speech against government interference, leaving it to the government to demonstrate, either through a well-crafted statute or case-specific application, the historical basis for a compelling need to remove some speech from protection . . . for some reason other than the mere fact that it is a lie.











Our commitment to freedom of speech is never better tested then when applied to something we strongly object to.


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Old 01-14-16, 08:42 PM   #30
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Quote:
Originally Posted by Platapus View Post
But, Lying to impress people is not illegal, despite being morally reprehensible.
Impressing people is a form of personal gain isn't it?
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