Stolen Valor Act Unconstitutional ???

[Marlin]

Federal Judge Rules Stolen Valor act Unconstitutional. I sometime wonder where these judges went to school, or, even if they ever did.....

[199er]

Rep. John Salazar, D-Colo., who sponsored the Stolen Valor Act in the House, predicted the decision will be overturned on appeal.

"This is an issue of fraud plain and simple," Salazar said in a written release. "The individuals who violate this law are those who knowingly portray themselves as pillars of the community for personal and monetary gain."

I hope the appeal is filed is very soon. Would also like to know if that judge is a vet and if has "exercised" his so-called free speech and 'fibed' about his service record!!

[lawdawg]

OK, so by that logic, one can falsely claim to be a police officer, public official, or impersonate anyone they so choose so long as no one was "harmed or defamed by the lie", because it is their right under the 1st Amendment freedom of speech!?!

[Old Grump]

I would really really like the judge to spend a day with me in my back field discussing the constitution. I would choke the liberal sob to death with his own twisted logic. Taking credit for valor not done just dilutes the sacrifices made by others and this fricking judge wants to protect his rights. Rights paid for with blood by people who actually sacrificed and ..........

I had a lot more to say but had to delete it. Nothing I want to put in print and some things you just can't clean up.

[Big ugly]

What can you do but sit back and be mad about these morons. I bet the judge was some overpriviledged yuppie snob put through school by his wealthy parents and never even had an etics course in college. I am so sick and tired of these "Woodstock Era " Yuppie do gooders messing up our nation. If my back wasnt out on vacation I'd take each and every one of em out in the back woods and give em a "Rim Fire Labatomy"!!!

[Terry_P]

Lying about military service seems to be the norm in politics these days as how many have said they were in Vietnam and they weren't anywhere near it or weren't even in the service? I haven't figured out what motivates someone to lie about being a hero. Is their self esteem so bad that they need to lie or do they realize that they such losers that they need to lie to boost their status in someone elses eyes? They aren't smart enough to realize just how bad they disgrace themselves once they are outed. Making it an act of fraud is fine with me even though I hate the thought of more government.

[Bobitis]

^What Terry said^

I can't imagine why anyone would do this?
It's like hugging your own ego.

[jack404]

isn't tarring and feathering legal for this sort of thing ?? if not make it that way !!!

[Bobitis]

Originally Posted by jack404

isn't tarring and feathering legal for this sort of thing ?? if not make it that way !!!

I assume you mean HOT tar?

[jack404]

is there another kind to feather with ??

[199er]

Lying about military service seems to be the norm in politics these days as how many have said they were in Vietnam and they weren't anywhere near it or weren't even in the service?

How many of you recall the days during and following the Vietnam War when we had to think twice about admitting we were VN vets or be chastized as beinging 'losers','druggies' etc??? Back then it seemed no one wanted to be us or associated with us..........................since the early to mid 80s things began changing for us and as our image grew......... unfortunately so did the number of these low life wannabes.

I hope this decision is overturned in appeal and these wannabes continue to be prosecuted.

[Terry_P]

Great point 199er and to take it further these losers are probably the same ones that were spitting on the real hero's as they returned.

[199er]

Robert Blackburn is an Article III Federal Judge for the U.S. District Court for the District of Colorado. He joined the court in 2002 after being nominated by President George W. Bush[1].

A native of Colorado, Blackburn graduated from Western State College with his Bachelor's Degree in 1972. He graduated from the University of Colorado Law School with his Juris Doctorate in 1974[1].

Looks like he had a student draft deferment in college(68 thru 72) during the VN War and missed being drafted...............................That bit of history makes me wonder about this court decision????

More of his Bio at; http://judgepedia.org/index.php/Robert_Blackburn

[lentz]

I think the whole thing is silly

[Eddie N]

Couldn't see the article, but reading your posts, I got the gist of it. IMHO, a good reason to either bring back the draft or make it a requirement to serve before you can be elected, or appointed, to any public office. Then they'd be able to figure it out.

[Jay]

Originally Posted by lentz

I think the whole thing is silly

uuuh, define "thing"...... do you mean the Stolen Valor Act is silly, or the judges' "unconstitutional" ruling is silly ?

[Terry_P]

Re: Blackburn

I remember in that period they implemented a draft lottery system and if you got a high number you weren't called. My number was 111 and would have been called but didn't matter as I was already a reservist and was back in school after Basic and AIT.

[carver]

Form: http://en.wikipedia.org/wiki/Stolen_Valor_Act_of_2005
The Stolen Valor Act of 2005 (the Act), signed into law by President George W. Bush on December 20, 2006,[1] is a U.S. law that broadens the provisions of previous U.S. law addressing the unauthorized wear, manufacture, sale or claim (either written or oral) of any military decorations and medals. It is a federal misdemeanor offense, which carries a punishment of imprisonment for no more than 1 year and/or a fine; the scope previously covered only the Medal of Honor.

The Act was first introduced in the U.S. House of Representatives on July 19, 2005, by Representative John Salazar, a Democrat from Colorado, as H.R. 3352.[2][3] It was introduced into the Senate by Senator Kent Conrad, a Democrat from North Dakota, on November 10, 2005, as S. 1998.[4][5] The Senate version was passed unanimously on September 7, 2006.[5][6] The Senate version then went to the same House Judiciary Committee that held the House version. The Act briefly stalled, but the House subsequently passed the Senate version, S. 1998, on December 6, 2006.[7]

The purpose of the Act is to strengthen the provisions of 18 U.S.C. § 704 by broadening its scope and strengthening penalties. Specific new provisions in the Act include: granting more authority to Federal law enforcement officers, extending scope beyond the Medal of Honor; broadening the law to cover false claims whereas previously an overt act had to be committed; covering, mailing, and shipping of medals; and protecting the reputation and meaning of military heroism medals.

Judges, magistrates, and other judicial workers apply the law and oversee the legal process in courts. They do not get to interpret the law! It was not this Judge's job to decide what is, or isn't legal!

Report em here!
http://www.reportstolenvalor.org/

[jim brady]

Blackburn's decision doesn't surprise me at all. The truth is there - many of you guys already said it. Blackburn is part of our generation who stayed home, went to school for the deferrment (to keep his precious butt out of harm's way) and partied on Daddy's dime. I think they feel guilt and shame for it, but don't have to gonads to admit that the kids that they spat upon and laughed at were on the right side of history.

When I came back I was shook up pretty good. They call it PTSD today, but back then it was just a year's worth of 'going back' every night and having the dreams wake you up just about every night after being home. A lot of guys had it MUCH worse than me. They are my brothers.

Blackburn and his like can try to diminish the honor of those who served by creating artificial laws - like he has done - because he can never share in that honor himself. It is something that he can never have, he has to try to cheapen it. Daddy's spoiled little boy at it again.

[Trouble 45-70]

Of course it's unconstitutional, otherwise the Dem. darling Sen. Kerry might be covered for proclaiming his purple owies. In his case, he was there even though he was able to bug out in just a few months with his Purple Hearts and Silver Star. Didn't he write up all of his awards and get them signed? Trying to remember.

[petesusn]

Originally Posted by Trouble 45-70

Of course it's unconstitutional, otherwise the Dem. darling Sen. Kerry might be covered for proclaiming his purple owies. In his case, he was there even though he was able to bug out in just a few months with his Purple Hearts and Silver Star. Didn't he write up all of his awards and get them signed? Trying to remember.

The one thing with Kerry's awards (no matter what one thinks of them, or him) is that they are documented in his service record and are therefore perfectly legal. No matter if he took a morter round in the chest or (in his case) a scratch and band aid on the arm. They are legally presented awards. And yes, he did write up all his own awards. I spent 20 months in country and i didn't get a heart or star but by God I never claimed to have gotten them. Any one who does lie about it should definately be prosecuted to the full extent of the law and then handed over to the local VFW or American Legion.

[carver]

I repeat myself, "Judges, magistrates, and other judicial workers apply the law and oversee the legal process in courts. They do not get to interpret the law! It was not this Judge's job to decide what is, or isn't legal"!

[wpage]

Problem with Judges isn't schooling. Its experience like recent supreme court nominees. They have no depth and true knowledge. Therefor they are ignorant and disqualified for their position.

[Terry_P]

Kerry's service record was never released so we don't really know what is in it. From what I understand he went around his CO to get the purple hearts because the CO wasn't buying his story. I think the swift boaters were right on.

Oh point of info on Kerry a local paper revealed today he registered his yacht as an LLC and is moored in RI thereby avoiding $500,000 in Mass taxes.

[jack404]

I've always wondered about The purple heart decoration ,

no disrespect intended but just pointing out the differences

The US you get wounded, you get a decoration,

in Australia, you get wounded , your pay rate drops , and you probably get a kick in the pants from the company sgt major later for not ducking when you shoulda... I know i did..

if your that lucky ...

but here we can lock these clowns up ( the fake decoration folks )

roles are called from all forations, you aint on the list you aint attending , its not that hard.. the army KNOWS everyone who served, who came back and who wears what

the RSL here ( our VFW) gets lists and you sign a form when you join so they can get a summary report on you

its not that hard

but we did have one guy , the head of the POW association scam everyone since 1953 or so , but they locked him up for 3 years when they found out last year .. he'd rewritten the official books the swine , but the originals where checked and they got him

they get nutters every year , but these types are harmless, generally wearing great grandad's medals and saying they belong to them .. 23 year old boar war veteran