Posted on Jan 12, 2016
US Court: Wearing Unearned Military Medals is Free Speech
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RP Members do you agree with this? Freedom of Speech?
A federal appeals court on Monday tossed out a veteran's conviction for wearing military medals he didn't earn, saying it was a form of free speech protected by the Constitution.
A specially convened 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the First Amendment allows people to wear unearned military honors.
Elven Joe Swisher of Idaho was convicted in 2007 of violating the Stolen Valor Act, which made it a misdemeanor to falsely claim military accomplishments. President George W. Bush signed it into law in 2006, but the U.S. Supreme Court struck it down in 2012 as a violation of free speech protections.
A federal appeals court on Monday tossed out a veteran's conviction for wearing military medals he didn't earn, saying it was a form of free speech protected by the Constitution.
A specially convened 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the First Amendment allows people to wear unearned military honors.
Elven Joe Swisher of Idaho was convicted in 2007 of violating the Stolen Valor Act, which made it a misdemeanor to falsely claim military accomplishments. President George W. Bush signed it into law in 2006, but the U.S. Supreme Court struck it down in 2012 as a violation of free speech protections.
US Court: Wearing Unearned Military Medals is Free Speech
Posted from military.com
Stolen Valor
Medals
Freedom of Speech
Posted >1 y ago
Responses: 70
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How would they like it if I put on a judges robe and walked around the Federal Court house?!!! I didn't earn my college degree, didn't go to law school and didn't work the trenches in courts as a lawyer to become qualified and elected as a judge!!! Hypocritical judgement on their behalf!!!
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CPT Pedro Meza
LTC Yinon Weiss - The same applies in communist china were you have no rights to free speech with out a price.
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MSgt Michael Smith
They wouldn't like it, but that doesn't mean they could stop you. That is the point here. Freedom of expression is not about hurt feelings, it is about the right to hurt feelings.
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SFC Michael Peterson
That is a perfect analogy. Better yet, what if I wore a badge? Oh yeah, that's not "free speech". That's impersonating a police officer.
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I'm willing to bet not one of those judges ever served in the military. I don't think they understand just how significant some of those awards/medals/decorations can be.
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CPT Pedro Meza
I do not worry about stolen valor, I was affected by denied valor, I waited for four months for an appointment and begged for meds in order to make my TBI mind sleep, lack of sleep is the worst thing for TBI and PTSD.
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CPT Pedro Meza
LTC Yinon Weiss - Service members of WWI, WWII, Korea, and Vietnam that I have known never complained like these new ones is that they feel Entitled or that they bought into the phrase by politician seeking votes!
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SGT (Join to see)
MSgt Steven Holt, NRP, CCEMT-P You wrote, “I'm willing to bet not one of those judges ever served in the military. I don't think they understand just how significant some of those awards/medals/decorations can be.” Respectfully, I will take that bet.
Please note the following:
William A. Fletcher, 9th circuit since 1998, was a Lieutenant in the Navy.
J. Clifford Wallace, 9th circuit since 1996, was a PO2 in the Navy.
William Canby, 9th circuit since 1996, was a Lieutenant in the Air Force.
Diarmuid F. O'Scannlain, 9th circuit since 1986, was in the Army Reserves.
Michael D. Hawkins, 9th circuit since 1994, was in the Marine Corps.
A. Wallace Tashima, 9th circuit since 1996, was a Sergeant in the Marine Corps. (Extra fun fact, as a child in WWII, due to his Japanese heritage, he was forced to go to an internment camp)
Proctor R. Hug, who retired in Nov 2017 after 30 years on the 9th circuit (active at the time of ruling on this case), was a Lieutenant in the Navy
Harry Pregerson, who died in Nov 2017 after 28 years on the 9th circuit (active at the time of ruling on this case), was a First Lieutenant in the Marine Corps. Please note, he was severely wounded during the Battle of Okinawa (1945). Yes, THAT Okinawa.
Dont get me wrong, I find anyone who wears any award/badge/Tab/uniform/etc that they didn’t earn to be very disrespectful and inappropriate. However, it is not unconstitutional.
Additionally, Kirk S. writes, “I don't believe it is free speech. It's an act, speech derives from forms of communication. Wearing a medal not earned is just disrespectful and has nothing to do with speech.” That, simply, is a limited understanding of how speech is defined, particularly by the Supreme Court. Speech is not limited to spoken communication. Or hand gestures. Etc.
The Supreme Court has repeatedly upheld that the first Amendment protects symbolic speech, also. It protects nonverbal expressions and the expression of ideas. For example. Art. Theater performance. Wearing a black Armband in protest. Burning the American flag. Wearing military uniforms or medals (with some limitation). Etc. See Texas v Johnson (1989), U.S. v Eichman (1990).
Again, I don’t support people who wear medals they didn’t wear. However, I do support their right to do so. Just as I don’t think that cherry picking and adding restrictions to the 2nd or 4th or 14th amendments, for example, I don’t think we should add many to the 1st, either. That means that sometimes, we take the good with the bad.
LTC Yinon Weiss your thoughts, sir?i
Please note the following:
William A. Fletcher, 9th circuit since 1998, was a Lieutenant in the Navy.
J. Clifford Wallace, 9th circuit since 1996, was a PO2 in the Navy.
William Canby, 9th circuit since 1996, was a Lieutenant in the Air Force.
Diarmuid F. O'Scannlain, 9th circuit since 1986, was in the Army Reserves.
Michael D. Hawkins, 9th circuit since 1994, was in the Marine Corps.
A. Wallace Tashima, 9th circuit since 1996, was a Sergeant in the Marine Corps. (Extra fun fact, as a child in WWII, due to his Japanese heritage, he was forced to go to an internment camp)
Proctor R. Hug, who retired in Nov 2017 after 30 years on the 9th circuit (active at the time of ruling on this case), was a Lieutenant in the Navy
Harry Pregerson, who died in Nov 2017 after 28 years on the 9th circuit (active at the time of ruling on this case), was a First Lieutenant in the Marine Corps. Please note, he was severely wounded during the Battle of Okinawa (1945). Yes, THAT Okinawa.
Dont get me wrong, I find anyone who wears any award/badge/Tab/uniform/etc that they didn’t earn to be very disrespectful and inappropriate. However, it is not unconstitutional.
Additionally, Kirk S. writes, “I don't believe it is free speech. It's an act, speech derives from forms of communication. Wearing a medal not earned is just disrespectful and has nothing to do with speech.” That, simply, is a limited understanding of how speech is defined, particularly by the Supreme Court. Speech is not limited to spoken communication. Or hand gestures. Etc.
The Supreme Court has repeatedly upheld that the first Amendment protects symbolic speech, also. It protects nonverbal expressions and the expression of ideas. For example. Art. Theater performance. Wearing a black Armband in protest. Burning the American flag. Wearing military uniforms or medals (with some limitation). Etc. See Texas v Johnson (1989), U.S. v Eichman (1990).
Again, I don’t support people who wear medals they didn’t wear. However, I do support their right to do so. Just as I don’t think that cherry picking and adding restrictions to the 2nd or 4th or 14th amendments, for example, I don’t think we should add many to the 1st, either. That means that sometimes, we take the good with the bad.
LTC Yinon Weiss your thoughts, sir?i
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Sgt Robert Beckwith
LTC Yinon Weiss - I agree. Onece we start regulating free speech we are on the "slippery slope" Who gets to decide what is "Good Speak". This is why the second amendment is number 2. B
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Damn, I wish I'd known this when I was punished for lying. Could you imagine my parent's frustration had I been able to claim that I was only exercising my First Amendment Rights? What a great lesson in civics for our children. Do you think they will begin teaching it in civics classes? Oh right, we don't teach civics anymore. Maybe that's how you can find a panel of jurists with their heads buried in a place where the sun doesn't shine...
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CPT Jack Durish
MAJ Matthew Arnold - Always, but not "liberal". There's nothing in their ideology that promotes liberty. Leftist. BTW, this is a great example. Thanks for making me pause to see it. Liberty comes with responsibility. Taking advantage of a right without taking responsibility is the way of the Left, not of a liberal. Claiming an unearned honor is not responsible, is it?
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CPT Pedro Meza
CPT Jack Durish - I served for many years ad deployed so that all Americans can have the right to their Free Speech, that includes dudes with fake medals and Trumps, Cruz, Kardesian or Jenners.
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Sgt Robert Beckwith
CPT Pedro Meza - That's right. We support their God given , American right to be fat, sloppy, clueless Civilians . B
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