Stolen Valor Act

[ggibby]

From the NYT article:

"...the Stolen Valor Act, which made it a crime simply to lie about having received a military medal or service badge." (italics mine)

“'There would be no constitutional bar to criminalizing lying about one’s height, weight, age, or financial status on Match.com or Facebook, or falsely representing to one’s mother that one does not smoke, drink alcoholic beverages, is a virgin, or has not exceeded the speed limit while driving on the freeway,' Judge Milan D. Smith, Jr., wrote for the majority. 'The sad fact is, most people lie about some aspects of their lives from time to time.'”

I'm imagining showing up to a Clan [example]-sponsored Robbie Burns Night and some toff there insists that all attending present bona fides proving their blood ties to the clan. When I haven't got any, he comes after me later for misrepresenting my genealogy.

As the son of a SEAL (UDT-R 29), I have very strong feelings about those who claim what others earn, but lawsuits are brought every day by petty, spiteful members of a group against their fellows, and legislation like this really could provide a basis for future abuse.

[davidlpope]

Perhaps "public shunning" is more in order (and more effective). I'm thinking something similar to the intro sequence from "Branded" with Chuck Connors...

David

[macwilkin]

Perhaps "public shunning" is more in order (and more effective). I'm thinking something similar to the intro sequence from "Branded" with Chuck Connors...

David

Careful...someone will start carrying a broken broadsword to the games...

T.

[Tobus]

Perhaps "public shunning" is more in order (and more effective).

This. We, as a society, need to stop crying for new laws to cure what are mere social problems. If we as a society don't like what people are doing, we should ostracize those who do it. It's a mistake (and a dangerous precedent) to mis-use government to enforce what is merely a social matter. As mentioned earlier in the thread, this opens the door to throwing people in jail for lying about anything and everything.

If a lie is used to commit fraud for monetary gain, that's already a crime. There's simply no need for another law.

[Woot22]

On a more hopeful note here is a link to the Pritzker Military Library's Medal of Honor podcast where they interview recipients of the prestigious award.

http://www.pritzkermilitarylibrary.org/podcasts/

[Downunder Kilt]

Here in the land downunder it is pretty clear, and only in the last month a male person was convicted of fasely claiming to be an ex serviceman

Below is a precis of the relevent legislation

In Australia the key legislation is the Defence Act 1903 (Cth), strengthened in 2003.

Section 80A of that Act prohibits an individual from falsely claiming to be a returned serviceperson. Section 80B prohibits wearing of medals to which the person is not entitled (provision is made for wearing in films/videos and by family members of deceased veterans), with 80B(4) requiring that "a person shall not falsely represent himself as being the person upon whom a service decoration has been conferred".

[wildrover]

This. We, as a society, need to stop crying for new laws to cure what are mere social problems. If we as a society don't like what people are doing, we should ostracize those who do it. It's a mistake (and a dangerous precedent) to mis-use government to enforce what is merely a social matter.

I agree 100%. Too often these days, people seem to figure that if there's a social problem...usually people being either rude or stupid, or both...that the solution is legislation, not education, and the result is suddenly governing or authoritative bodies become responsible for the stupidity of their subjects or members, rather than the general public being made responsible for itself. I've said this elsewhere, maybe not on this forum, but our laws talk a lot about rights, and leave out responsibilities.

Here in the land downunder it is pretty clear, and only in the last month a male person was convicted of fasely claiming to be an ex serviceman

Below is a precis of the relevent legislation

In Australia the key legislation is the Defence Act 1903 (Cth), strengthened in 2003.

Section 80A of that Act prohibits an individual from falsely claiming to be a returned serviceperson. Section 80B prohibits wearing of medals to which the person is not entitled (provision is made for wearing in films/videos and by family members of deceased veterans), with 80B(4) requiring that "a person shall not falsely represent himself as being the person upon whom a service decoration has been conferred".

I like how it's so simply put.

Personally, I don't see how a restriction on lying about military service leads to a restriction on lying about speeding tickets, for example. It has nothing to do with telling lies, it's about taking credit for the efforts of another for yourself..."stolen valor", not "lying about being in the military".

[Mike_Oettle]

This is an intriguing case, and I am sure many US citizens will get their dander up on one side or the other of the ruling.
Looking at it from a South African perspective, however, I wonder how such a law might be applied in this country.
My father served as an officer during the Second World War. He and thousands of others (Afrikaners and English-speakers) had volunteered for service while certain Afrikaners waged a resistance campaign that broadly supported the Nazi cause.
Under apartheid rule post-1949 the government was highly suspicious of those who had fought for King and country. It did its best to coerce those who had been in uniform to serve in the army under its rule, and many did co-operate. But my father refused.
Short of emigrating, I had no option but to serve in the army from 1968 (nine months full-time, and part-time until 1977). I was awarded a campaign medal, but have never worn it, because of its connotations.
In 1994 the army as it then existed was merged with the armed wings of the African nationalist movements, and changed its character entirely.
People who had gone into exile to serve in those armed wings (or who had been active within the country) now qualified for military pensions and other advantages previously denied them.
Ironically, though, a great many who had not served either the apartheid regime or the armed opposition also claimed such benefits.
And while some were found out and deprived of their pensions, there were others who were identified, but no action was taken.
This scandal remains with us today.
The government currently has no political will to punish those who benefited unfairly.
It would be interesting to see what legislation might be passed in Parliament in Cape Town to curb such malpractice, if a future government changed its mind, and how the legal theory would be put forward.
Regards,
Mike

[Frank McGrath]

I did not have the honor to serve my country in the military. But I was given a camo shirt by a friend and wore it one day. So many people would walk up to me and thank me for my service that I have not worn it again.. So, If you did not earn it, don't wear it.

[Lallans]

I did not have the honor to serve my country in the military. But I was given a camo shirt by a friend and wore it one day. So many people would walk up to me and thank me for my service that I have not worn it again.. So, If you did not earn it, don't wear it.

Unfortuately there are many many people that will take the honour without making the sacrifice or, especially, taking the risk.