Stolen Valor Act unconstitutional, federal judge rules - The Denver Post
A federal judge in Denver has ruled that the Stolen Valor Act is "facially unconstitutional" because it violates free speech, and he dismissed the criminal case against Rick Strandlof, a man who lied about being an Iraq war veteran.
U.S. District Judge Robert E. Blackburn issued his decision Friday and rejected the prosecution's argument that lying about having military medals dilutes their meaning and significance.
"This wholly unsubstantiated assertion is, frankly, shocking and, indeed, unintentionally insulting to the profound sacrifices of military personnel the Stolen Valor Act purports to honor," Blackburn wrote. "To suggest that the battlefield heroism of our servicemen and women is motivated in any way, let alone in a compelling way, by considerations of whether a medal may be awarded simply defies my comprehension."
The Stolen Valor Act prohibits people from falsely claiming they have been awarded military decorations and medals. The act, signed into law in 2006, carries a punishment ranging from fines to six months in prison.
U.S. Rep. John Salazar, a Democrat from Manassa, introduced the legislation in 2005.
"This is an issue of fraud, plain and simple," Salazar wrote in an e-mail Friday. "The individuals who violate this law are those who knowingly portray themselves as pillars of the community for personal and monetary gain. The Stolen Valor Act has been upheld by other courts and I am confident this decision will be overturned on appeal."
Blackburn's decision only set precedent in the District of Colorado, and further prosecution of the law isn't likely to happen here unless a higher court strikes down his ruling.
Jeff Dorschner, spokesman for the Colorado U.S. attorney, said the Department of Justice is reviewing the ruling to determine whether an appeal should be filed.
Strandlof, 32, was charged with five misdemeanors related to violating the Stolen Valor Act — specifically, making false claims about receiving military decorations.
He posed as Rick Duncan, a wounded Marine captain who received a Purple Heart and a Silver Star. Strandlof used that persona to found the Colorado Veterans Alliance and solicit funds for the organization.
Actual veterans who served on the board were suspicious of his claims and reported him to the FBI.
Robert Pepin, Strandlof's attorney; the American Civil Liberties Union of Colorado; and the Rutherford Institute, a nonprofit civil liberties group, all filed briefs with Blackburn contesting the Stolen Valor Act.
They argued that simply lying is not illegal.
Pepin said that he and his client were pleased with the decision and that Strandlof is doing well.
Attorney Chris Beall, who filed a friend-of-the-court brief on behalf of the ACLU of Colorado, said the decision is remarkable.
"The First Amendment protects speech we don't like," he said. "We don't need the First Amendment for speech people like. The government cannot criminalize a statement simply because it is false, no matter how important the statement is."
Beall points out Strandlof wasn't charged with stealing money meant for the veterans group, adding that laws are already in place for those crimes.
"That's plain-old, regular-vanilla everyday fraud, and we do prosecute that every day," he said. "Congress does not need a special statute to prevent people from using false claims of valor in order to prevent fraud."
John Wagner, executive director of the Warrior Legacy Foundation, a veterans group that lobbied for Strandlof's prosecution, said he will push for an appeal.
Wagner said the ruling means he can put on a police officer's uniform and a badge and walk around lying to people about his bravery and arrests to gain favors from others, such as a free cup of coffee or a round of drinks.
"I would be trying to extract benefits I wouldn't otherwise deserve," he said.
Military fakers across the country have been prosecuted under the act, but Strandlof's case and the prosecution of Xavier Alvarez in the Central District of California are the only cases based on speech alone.
In Alvarez's case, the district judge upheld his prosecution under the Stolen Valor Act, but an appeal is pending before the 9th Circuit Court.
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This goes against the men and women who served in the military and rightfully earned those awards like the Silver Star, Purple Height, Distinguished Cross, etc. 
Stolen Valor Act unconstitutional, federal judge rules 
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