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Judge: Law penalizing fake heroes unconstitutional
From Associated Press so it's brief.
DENVER -- A law that makes it illegal to lie about being a war hero is unconstitutional because it violates free speech, a federal judge ruled Friday as he dismissed a case against a Colorado man who claimed he received two military medals.

Rick Glen Strandlof claimed he was an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star, but the military had no record he ever served. He was charged with violating the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal.

U.S. District Judge Robert Blackburn dismissed the case and said the law is unconstitutional, ruling the government did not show it has a compelling reason to restrict that type of statement.
Eugene Volokh and Drew at Ace of Spades provide considerable analysis.

I think they have a point. There's a difference between telling a woman at a bar that you were a Navy SEAL, and claiming on a job application that you were a SEAL. The former should be punished, when caught, with scorn and ridicule, the latter should be punished as fraud. Valor is important; it's just where you draw the line for legal action.

Additional: Loyal reader Nimble Spemble had a duplicate in the hopper (put there about the same time as this post) and adds this commentary, which contrasts with my own thoughts.
In my local paper's version of this story it said Blackburn dismissed the case, ruling the the government did not show it had a compelling reason to restrict that type of statement. I read a great article yesterday that the Instapundit has now linked. I couldn't find a juicy excerpt for the burg, but it is about how detached our ruling class has become from the country and the peril it poses for the republic.

This case is a perfect example of that disconnect. Doesn't that idiot judge understand who maintains the order so his pomposity can preside over the court? But he'll be the first to condemn the military when the hordes fail to defend his sanctum sanctorum while the rest of Denver is overrun.

This asshole judge should be sent to Ft. Carson to explain to the 4ID why he has no compelling interest in defending their honor.

This will not end well.
Posted by: Deacon Blues 2010-07-17
http://www.rantburg.com/poparticle.php?ID=301235