what a scumbag

Discussion in 'Law and Justice System' started by Truthmatters, Feb 19, 2012.

  1. Truthmatters
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    Medal of Honor law that convicted Xavier Alvarez declared unconstitutional - Whittier Daily News


    The law that convicted Xavier Alvarez of Pomona for falsely claiming he won the Medal of Honor was declared unconstitutional Tuesday by a federal appeals court panel in Pasadena.
    A three-year-old federal law made it a crime punishable by up to a year in jail to falsely claim to have received the medal.

    Alvarez, while campaigning for office, said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor.

    Alvarez pleaded guilty on condition that he be allowed to appeal on First Amendment grounds. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000.



    Read more: Medal of Honor law that convicted Xavier Alvarez declared unconstitutional - Whittier Daily News http://www.whittierdailynews.com/ci_15808492#ixzz1mpY4LxDy
     
  2. George Costanza
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    George Costanza A Friendly Liberal

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    Not sure I agree with the 9th on this one. No compelling reason to ban lying about having the Medal of Honor? How about it debases the Medal and serves to dishonor those who earned it legitimately?

    Although, laws which, basically, make it illegal to lie, seem a little 1984-ish in general.
     
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  3. Truthmatters
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    there is an uneven inforcement of the law from what I understand
     
  4. Peach
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    The Medal of Honor is earned. I agree only a scumbag would lie about it; I hope an enforceable law is drafted that sanctions false PUBLIC claims of such an honor.
     
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  5. George Costanza
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    As I read the article, he appealed on First Amendment grounds - freedom of speech. I did not see any mention of denial of Equal Protection, although I just skimmed over the article.
     
  6. Truthmatters
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    Both the Medal of Honor and an Officer Commission in the Military are awarded by Congress and you will go to jail for impersonating an Officer but not for impersonating a Medal of Honor winner? :confused:

    Yeah, the Medal of Honor IS awarded by the Prez in the name of Congress but you get my point right?
     
  8. Si modo
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    Si modo Diamond Member

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    "I dont think he the law he is prosicuted under is constitutional"


    ??????????????


    Regardless, the scum can lie about it all he wants. If he lies about it under oath, take his ass out with the existing law.

    First Amendment protects liars, too, except under oath and in fraud, for example.
     
  9. Truthmatters
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    he is being prosicuted under a 2005 Bush law
     
  10. Truthmatters
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    Before the Ninth Circuit held the Stolen Valor Act unconstitutional in Alvarez, other courts had split. For example, the United States District Court for the District of Colorado held the Act unconstitutional, relying on the Supreme Court's decision in Texas v. Johnson.[5] On the other hand, courts have also upheld the law. In United States v. Robbins, for example, District Judge James Jones, citing the defamation case Gertz v. Robert Welch, Inc., stated, "Properly limited, the speech restricted by the Stolen Valor Act is not 'speech that matters' and falls outside the protection of the First Amendment."[6]
     

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