An elected official charged with falsely claiming he earned the military's highest honor has filed a motion to dismiss the federal case against him on free speech grounds. The motion argues that the Stolen Valor Act of 2005, under which water board member Xavier Alvarez was charged, is incompatible with the First Amendment because it restricts free speech by criminalizing false claims of military honors.
Some people have no shame.
Alvarez, an elected representative to the Three Valleys Municipal Water District, said last year at a water district meeting that he was awarded the Congressional Medal of Honor for his deeds as a Marine. After admitting he never served in the military, he was charged with violating the Stolen Valor Act. He pleaded not guilty to the misdemeanor charge.
Alvarez's lawyer Brianna J. Fuller argued in the motion to dismiss, which will be heard Jan. 14 in federal court, that "protecting the reputation of military decorations" is not a compelling enough reason to place "restrictions on false statements."
But government prosecutors said in their opposition submitted Wednesday that the First Amendment does not protect deliberate falsehoods.
"Perry, this is Mr. Alvarez."
"How do you do, Mr. Alvarez? Have a seat, please. What can we do for you?"
"I got arrested for sayin' I got the Medal of Honor."
"And do you?"
"No. I ain't even been in da military, much less da Marines."
"I see. Della, would you ask Paul Drake to step in?"
"Of course, Perry."
"You wanted to see me, Perry?"
"Paul, this is Mr. Alvarez. He was arrested for making a false claim of having the Medal of Honor."
"I see. [SLAP!]"
"Owwwww!"
"Thank you, Paul."
"You're welcome, Perry."
"Owww! What wuz dat all about?"
"It's against bar association rules for an attorney to slap his client upside the head."
"Owwww! He hits hard!"
"That's why I pay him that much. Count yourself lucky. I used to use Mike Hammer."
"Okay. I'm lucky. Is my ear bleeding?"
"Not very much. Now, I think what we should do is argue that trying to pass yourself off as a Medal of Honor winner when you're actually just a piece of crap is covered by the First Amendment, making it a matter of freedom of speech."
"Youse think that'll get me off?"
"Of course not. But it's a stupid enough argument that they'll probably just send you to have your head examined, rather than actually sending you to the calaboose."
"Perry, you're a genius!"
"Thank you, Della. And you have a nice rack. Make sure his check's good before we do anything else on this case."
#1
..is incompatible with the First Amendment because it restricts free speech by criminalizing false claims..
Remember that when you go to the 'doctor' or 'dentist' with the fake med school certificates or the 'engineer' with fake credentials, or even the auto mechanic with fake ASE papers doing your brakes.
Posted by: Barbara Skolaut ||
01/06/2008 12:12 Comments ||
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#3
Oh, and by the way Mr. Alvarez, the Constitution says that Congress shall have the power "To make Rules for the Government and Regulation of the land and naval Forces;". Since the award is part of that constitutional authority, they certainly can tag the penalty to the those who violate their authority and powers.
#4
Claiming to have an award, that is illegal to wear and claim ownership of unless you are awarded it, is not free speech. You will not only get charged, but get your ass kicked by any vet that happens upon you.
#5
if you Google Three Valleys Municipal Water District, hit the link to the board members - his pic is there. He has...shall we say...good peripheral vision. There's a "contact us" email link if you want to say "hi".... just saying. Be cordial
Posted by: Frank G ||
01/06/2008 12:58 Comments ||
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#6
Excellent point P2k!
Posted by: Rob Crawford ||
01/06/2008 13:38 Comments ||
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#7
IF false claims are protected than Resumes and college entrance and credit applications are all gonna be protected. Might as well just shut down civilzation.
CONNELLSVILLE, Pa. -- Police said a Fayette County mutant man claimed he sexually assaulted a 5-year-old by accident. Connellsville officials arrested Jeremiah McGee, 25, on Thursday and charged him with several felony counts.
Police said the girl was in McGee's care at his West Cedar Avenue home for the weekend when the alleged assault happened. When the girl returned home, she told her mother what happened, police said.
According to police, when McGee was interviewed, he told them the assault must have been an accident. Court papers said he admitted to sleeping in bed with the girl when he heard a noise, which police said might have been the girl screaming for help. He said the alleged assault might have happened while he was asleep, dreaming.
He won't be dreaming when he's in the slammer for the rest of his life.
Police charged McGee with felony rape of a child, involuntary deviate sexual intercourse and statutory sexual assault. He is in the Fayette County Prison on $100,000 bond until he faces a judge on the charges later this month.
"Any type of charge like this, we are going to prosecute to the fullest extent of the law and let the court system take its part in it," said Chief Ed McSheffrey of the Connellsville Police Department. There are any number of ways somebody could accidentally be neutered, especially around a prison.
Yo, Jeremiah, sorry bout the pruning shears, man. I dreamed I was trimmin' the warden's magnolia bushes and, well, you know, stuff just happens.
Posted by: Gromomble Oppressor of the Iowans8916 ||
01/06/2008 05:57 ||
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#1
Hmmm, mutant isn't far from correct. Here in PA we call it Fayette Nam...
Posted by: M. Murcek ||
01/06/2008 8:49 Comments ||
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#2
Oh jeez, our knife slipped and we accidently cut off your instrument. Forever sorry.
What - he "accidentally" mistook the girl for a goat? Or his pocket?
Try him. Convict him. Hang him by his you-know-what.
Posted by: Barbara Skolaut ||
01/06/2008 12:20 Comments ||
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#6
Along the lines of the guy who defended his lie claim that he had a Medal of Honor on the grounds of "Free Speech", perhaps this guy can say raping a five-year-old was "Artistic Expression". Or another good one is "Temporary Insanity" and that he's feeling "Much Better Now".
#3
That's nothin'. McCain was bragging that his mother, well into her nineties, was tagged by Arizona Highway Patrol for hitting 112 in her Beemer last summer.
#4
If you see her on the street don't try to choose her
(Go granny, go granny, go granny go)
You might drive a goer but you'll never lose her
(Go granny, go granny, go granny go)
Well, she's gonna get a ticket now sooner or later
'Cause she can't keep her foot off the accelerator
And everybody's saying that there's nobody meaner
Than the little old lady from Pasadena
She drives real fast and she drives real hard
She's a terror of Colorado Boulevard
Posted by: Mike ||
01/06/2008 11:40 Comments ||
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#5
Sounds like a case of 'Very old and very confused'.
#1
Who knew the socialist Dutch had Kelo? This is really about gentrification of valuable property in the center city with the usual suspects in government trying to find a fig leaf to justify their immediate plans. If you understand patterns, this means when someone is pushed out, they move and set up someplace else and push someone else out, usually the next rung on the ladder down. Eventually the group on the bottom is pushed off the ladder and forced to migrate elsewhere. In this case, bets are on the muzzie ghetto being the bottom rung about to find no lower rung to drop to. Inscrutable.
#2
bets are on the muzzie ghetto being the bottom rung Some people were born to be screwed, and I'm not talking about the brothel patrons...
Posted by: M. Murcek ||
01/06/2008 9:44 Comments ||
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#3
Given their history of dhimmitude by government entities, look for muzz to move into this area and take over. Not gentrification, but slum progression.
A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
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trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.
CONNELLSVILLE, Pa. -- Police said a Fayette County 
