Lying About Military Service Should be Criminal
Lying about military service should be criminal. A federal law called "Stolen Valor" makes it a crime punishable by up to a year in jail, but some attorneys are challenging the law.They say the First Amendent protects almost all speech that doesn’t hurt anyone. But isn’t it desrespectful to our military returning from war now, and those who have served in other wars?
What do you think about persons lying about their military service? Should it be treated as a criminal act? Is lying about military service free speech? Does the First Amendment right to free speech protect people who lie about being war heroes? Or is it a criminal act, and disrespect toward our military personal who have stepped up, sometimes at great cost, and served their country honorably?
A federal law called the “Stolen Valor Act” makes it a crime punishable by up to a year in jail to falsely claim to have received a medal from the military. Even if the liar makes no effort to profit from his lie. Attorneys in Colorado and California are challenging the law on behalf of two men charged. They say the first amendment protects almost all speech that doesn’t hurt anyone. Neither men have received any financial gain.
Craig Missakian, federal prosecutor argues that deliberate lies are not protected. The Stolen Valor Act toughened a law that forbids wearing a military medal that was not earned. It went through Congress in 2006 with flying colors. Scores of people have been arrested while soldiers are coming home from Iraq and Afghanistan in honor. In practically all cases these dishonorable imposters were ordered to do community service. Jonathan Turley, a professor at George Washington Law School said, ” someone lying for profit should be charged with fraud.”
One Xavier Alvarez, was elected to a water district board in California when he said at a public meeting that he was a retired Marine who received the Medal of Honor, the nations highest military decoration. His claim aroused suspicion and he was arrested. He pleaded guilty on condition that he be allowed to appeal on the First Amendment question. He is awaiting his appeal and was sentenced to 400 hours service at a veteran’s hospital and ordered to pay $5,000.
http://socyberty.com/government/the-bill-of-rights/
http://newsflavor.com/world/middle-east/soldiers-die-in-Iraq-due-to-contractors-shoddy-work/
http://newsflavor.com/world/usa-canada/viet-nam-honored/
http://socyberty.com/history/the-my-lai-massacre/
http://socyberty.com/history/how-did-the-bay-of-pigs-invasion-happen/
Army veteran Pete Lemon, who received the Medal of Honor in Vietnam, supports the law. He says, that pretending to have a military medal can bring undeserved rewards. It could get you preferential treatment in jobs, accepted in organizations, license plates, tickets to football games, and airplane tickets.
Doug Sterner, a military historian , said George Washington wrote that people having “the insolence” to claim service and medals they didn’t earn, ” shall be severely punished.” And in my opinion that is as it should be. It is disrespectful to our military returning home from war to have these liars trying to steal their glory. If it were my choice, they would all give at least a year of their lives serving in a military hospital. Sorry, I couldn’t resist stating my own opinion.
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Post CommentInna Tysoe
On February 9, 2010 at 4:40 am
Ruby I can see your point but I can also see how that law might be abused. Say there is a war you disagree with–could be the Iraq war, could be some other war–and you are part of a protest where to make your point you need people to dress up as members of the military. Say for example (I am not saying this happened but what if, OK?) a member of the military ordered a massacre of some village. This did happen in Vietnam. So your protest is re-enacting the massacre to make a point and you have some guy dress up like the general, medals and everything.
Well, under that law the guy (and any other protesters who are dressed up in military uniforms) would be breaking the law. IMO that violates our freedom of speech.
And I haven’t even touched Halloween….
Regards,
Inna
Sharif Ishnin
On February 9, 2010 at 5:36 am
If the person knowingly breaks the law, he should be punished accordingly. What message will it send to others about the Act if the accused gets off easily. It’s supposed to discourage others from doing the same thing in the first place isn’t it?.
deep blue
On February 9, 2010 at 6:18 am
That’s right Ruby. Well, it must be some kind of fad to keep a record track just like John Rambo.
Frances Lawrence
On February 9, 2010 at 6:59 am
In UK we have recently had a man prosecuted for wearing medals that he was not entitled to at a rememberance service. I think you wrote a well reasoned article but I don’t think it should be a criminal offence. The military do a paid job, most deserve respect but so do many in other walks of life. The lie should be exposed but unless they lied for financial gain it should not be a criminal offence.
Paul Roberts
On February 9, 2010 at 7:19 am
The greatest punishment these people receive is the fact that they are a liar, to themselfs as well as to others.This punishment will go to their graves. For a true brother and sisiter needs no medals to be accepted, medals dont make the hero.Real heros sometimes never make it home. Our freedom of speach and any other law is exactly what gives the chance for a hero to become. Nuff said. Great write Ruby. Friend, fan, smile
albert1jemi
On February 9, 2010 at 7:50 am
nice work
bailieman
On February 9, 2010 at 8:03 am
In the sixties we wore medals on uniform overcoats as a fashion statement. Deliberately lying about having been in the Service is mostly down to a lack of self esteem. Being ousted as a liar in public and through the media is probably punishment enough.
bailieman
On February 9, 2010 at 8:11 am
Good post. In the sixties we wore WW2 uniform overcoats and medals as a fashion statement. Deliberately lying about having won a medal or having been in the Services, is an indication of low self esteem. Being exposed as a liar in public through the media should be punishment enough.
S A JOHNSON
On February 9, 2010 at 8:11 am
I think it\’s stupid and absurd to pretend to be something you are not but I don\’t think that people should be put in jail or anything for it unless they are scamming people out money and things like that.
After all, that\’s something that goes on a persons record and has the potential to really mess things up for them and I think that is even more stupid and absurd than a person making a fool out of themselves.
sambhafusia
On February 9, 2010 at 8:37 am
well written…nice share..
wonder
On February 9, 2010 at 8:44 am
Something quite interesting. Lying like kids.
Daisy Peasblossom
On February 9, 2010 at 9:10 am
Claiming officially to have military service should carry the same consequence as any other sort of fraud. Dressing up as an actor to re-create or make a point is an entirely different kettle of fish.
T. S. Lewis
On February 9, 2010 at 9:23 am
Community service is all they should get. Our jails are full already.
Jenny Heart
On February 9, 2010 at 10:55 am
Thought provoking!
Brenda Nelson
On February 9, 2010 at 11:06 am
Lying about ANY past job should be criminal. Personally I would not want to hire a military person, I find they are often arrogaunt and think they are better than others just because they were in the military.
drelayaraja
On February 9, 2010 at 11:48 am
Great post. well analysed.
qasimdharamsy
On February 9, 2010 at 12:18 pm
Great Work…well written…
Guy Hogan
On February 9, 2010 at 1:24 pm
I agree with our first President. They deserve jail time. Why mess around.
Mark Gordon Brown
On February 9, 2010 at 1:34 pm
Lying about military service should e a crime. It does not matter how you feel about the military either. My son just joined the Navy. Something I am not estatic about. It is his choice and I support him in it. Many of my family have served in the military. Not something I could do. I know myself too well for that. I respect those who do serve though. I may not respect the leadership of countries who send me off to war, but I respect those men and women. who felt they must join or that it was their best option in life. Two of my cousins served and Viet Nam and felt the effects of Agent Orange. My Cousin Larry Irons died recently because of those effects. One of my first memories was attending the funeral of Gary Kreh who died in Viet Nam when it was still a police action, a medic he saved 10 lives during an attack before losing his own. I remember a story that before Gary went into the Viet Nam he pushed my Stroller around Greenfield Village at a church outing. I have kept the photos my family had of Gary in his Marine uniform even now and I plan on keeping them. What he did at Greenfield Village for me as a baby and in Viet Nam saving lives of men put their by bad decisions of others, means that much to me even now. Feigning involvement in a job that is as risky as the military is wrong in the worse way, because of all the emotions of those people who loved people who lost their lives during military service. Public Caning might be a good punishment for them. This is coming from a very counter culture person mind you, who is not a big fan of the whole military system, just those who serve in ernest. I am literally crying right now from the emotions this has brought up,
mkd1788
On February 9, 2010 at 1:36 pm
very nice and new information provide us about military law..
Joe Dorish
On February 9, 2010 at 1:52 pm
Few years ago the Toronto Blue Jays hired someone to manage their team and it turned out he had been lying to everyone about being in Vietnam. The promptly fired him.
Lying about military service is complete disrespect to those who do serve our society in the armed services. I would not make such liars a burden on our society by putting them in jail but would make them pay exceedingly heavy monetary fines and make sure the lies go on their public records through probation.
Very interesting topic Ruby!
Kate Smedley
On February 9, 2010 at 2:07 pm
Excellent article Ruby, I think Mark’s comment said everything. Given the sacrifice our soldiers are making, it is very wrong.
8Shei8
On February 9, 2010 at 3:01 pm
That is just unethical to take credit and honor that does not belong to you! Punishment is just! Good awareness Ruby.
CA Johnson
On February 9, 2010 at 4:25 pm
This is very interesting. Lying about the military service should be a crime. It is a horrible thing to do and they should be made to suffer.
vesh
On February 9, 2010 at 6:18 pm
an interesting article.
there was a guy over here in england who claimed he was ex SAS. complete BS and he basically got a slap on the wrist.
I think instead of being locked up they should have to do what they say they\’ve been doing i.e. national service
Snooky
On February 9, 2010 at 6:59 pm
It is difficult enough for genuine Service men and women to get the respect and services that they deserve and have earned for being ready too or actually defending us. For some unsrupulous persons to infringe upon the valor of these courageous citizens is sheer blastphemy. And thier shameful recklessness should be openly posted on billboards and recurring mailings like sex offenders.
PR Mace
On February 9, 2010 at 7:28 pm
As a the wife of a retired Navy man, I think anyone who lies about their military service should be prosecuted. Good article.
Judy Kaelin
On February 9, 2010 at 8:40 pm
Ruby, I think it’s mighty low, lying about military service. It is a gross injustice to all military personnel and it certainly should be made public. Anyone that would lie about serving our country would not be trustworthy in other areas.
Shirley Shuler
On February 10, 2010 at 1:26 am
I couldn’t agree with you more, Ruby. Well done!
Netty net
On February 11, 2010 at 11:43 am
I don’t why people lie about something like this, but, I had heard stories were people protest against certain wars. I not sure if it should be made a criminal act or not.
Westbrook
On February 11, 2010 at 3:34 pm
As you know Ruby reading some of my articles over time, I am a Vietnam War veteran. My opinion on people wearing military medals when they did not earn them, or pretending to have served in the military is, if the act gained them some economic advantage, including gaining employment or a political post, they should be punished by the harmed group. However, I do not think this is such a grievous act that we should continue to load up our courts over it. We already have way too much litigation going on. This is America, and everybody’s freedom of speech was fought for by veterans. If there are doubts about someone, ask them to provide details about the medal, such as the process on how it was given, the documentation, if any, that came with it and so on. If doubt is about serving, ask what they had to vow to when entering, ask about a “DD214,” what it is and when does it come into play, ask what a gun is called by the military and so on. If they have problems answering these questions you may be able to expose them If you need information on these issues, Google them or ask a known veteran.
I would suggest that most military war veterans generally keep quiet about what they did when in battle. Most had a dose of reality that they continue trying to swallow the rest of their lives, and generally keep this to them selves. In fact, many bottle it up and lock it away. This was a problem for me for many years. I have just started writing about some of my experiences because so much time has passed and I have been encouraged to write for the benefit of those who cannot. To suggest that veterans are arrogant, as one of the comments suggest above, I think is rude. Perhaps some understanding is required here. Some who have not seen battle yet and just getting used to the uniform act this way, but they are not different than anybody else in our society. Most are young kids and proud. How are they any different than police officers with swelled heads when they first put on the uniform?
There are many veterans with mental problems that continue to have problems with their time and experiences in battle. Many are constantly embellishing their experiences, perhaps because they didn’t get the recognition afterwards. Offering up your life and killing and maiming others need recognition; at least acknowledgment.) Many make very abnormal comments about our society, country, laws and political leaders. What are we going to do here, arrest them? Paul Roberts comment above says it well:
“For a true brother and sister need no medals to be accepted, medals don’t make the hero. Real heroes sometime never make it home. Our freedom of speech and any other law is exactly what gives the chance for a hero to become.”
ken bultman
On March 9, 2010 at 7:30 pm
Well, well….a mixed bag of comments. The phonies are panhandling down here posing as returning vets. They’re being arrested but I don’t how the penalties are going down. It’s criminal. Remind me not to ask Brenda for a job. lol.
fragile18
On March 11, 2010 at 9:34 am
nice work!