Fraud and Free Speech

Posted: Friday, February 24, 2012 2:00 pm | Updated: 2:01 pm, Fri Feb 24, 2012.

Does free speech under the First Amendment allow a person to present himself fraudulently as a veteran with medals? The U.S. Supreme Court is debating this issue at the present time.

There is what is called the 2006 Stolen Valor Act that makes it a crime for a person to say he served in the armed services and earned medals for valor. That law is being challenged by a federal public defender representing a California man who lied about being a wounded veteran and being awarded the Medal of Honor, the nation’s highest award for valor.

The justices are debating whether to uphold the law. If it is upheld there is concern by several justices that it could lead to new laws against such things as lying about the Holocaust, an extramarital affair, a high school diploma, college degrees or to impress a date. All of those, of course, are a stretch but they are being presented as argument points.

On the other hand, there is the argument put forth that the law could be upheld on the basis that Congress has an interest in protecting medals it created to honor war heroes. That’s sound reasoning!

The argument that posing as a war hero who won medals hasn’t hurt anyone is shallow. We would argue that it causes a degree of mental anguish to all veterans and especially to those who were awarded medals. It also is disgusting to Americans who never served in the military but respect those who served honorably.

According to the Associated Press, the Obama administration believes the law should be upheld. The Solicitor General defended the law as targeted to protect the integrity of the system established by Gen. George Washington in 1782.

There’s no worry here about violating free speech. As for this law leading to other efforts to curb free speech, we say there always will be attempts and each must be judged on its merits. This law should be upheld.

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Fraud and Free Speech