Denver appeals court weighs military impostor law
Legal Topics | 2011/05/12 15:41

A federal appeals court in Denver was hearing arguments Thursday on whether Congress can make it illegal to falsely claim to be a military hero.

At issue is the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have been awarded a military medal.

The case before the 10th U.S. Circuit Court of Appeals centers on Rick Strandlof, a Colorado man who was arrested after claiming he was wounded in Iraq as a Marine and had received military medals. His lawyers have acknowledged the claims were false.

A federal judge ruled the law violated the First Amendment. Prosecutors asked the 10th Circuit to uphold the law, which has also been challenged in California.

The law makes it a crime punishable by up to a year in jail to falsely claim to have received a medal from the U.S. military.

Some legal scholars have said they expect the law to eventually land before the U.S. Supreme Court.

In the Colorado case, Strandlof, who founded a veterans group in Colorado Springs, was charged in 2009 with violating the law by claiming to be an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star. The military said it had no record that he ever served.

A federal judge threw out the case in July, ruling the U.S. government had not shown any compelling reason to restrict that particular type of speech.

The judge also ruled that lying about getting a military medal doesn't fall into any of the limited exceptions to free speech that the Supreme Court has recognized, including fraud.

The law doesn't require a showing that an alleged impostor got financial benefits or caused financial harm for a conviction.

In the California case, Xavier Alvarez, a water board official from Pomona, was indicted in 2007 after saying at a public forum that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration.

He pleaded guilty on condition that he would be allowed to appeal on First Amendment grounds. A three-judge panel of the 9th Circuit ruled 2-1 in his favor in August.



[PREV] [1] ..[2395][2396][2397][2398][2399][2400][2401][2402][2403].. [2909] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
Court says Mississippi can’t cou..
Judicial panel recommends suspend..
Facing 7 more lawsuits, Sean ‘Di..
Kenya’s deputy president pleads ..
Texas Supreme Court halts executi..
South Korean court acquits former..
Sean ‘Diddy’ Combs to stay in j..
Georgia Supreme Court restores ne..
US court to review civil rights l..
Supreme Court will weigh Mexico’..
Mississippi asks court to set exe..
New rules regarding election cert..
North Carolina appeals court bloc..
Court rules nearly 98000 Arizonan..
Sean ‘Diddy’ Combs jailed by ju..
Alaska man charged with sending g..
After just a few hours, U.S. elec..
‘The Mentalist’ star Simon Bake..
Google faces new antitrust trial ..
A man who attacked a Nevada judge..




St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
www.krol-law.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Bar Association Website Design
Bar Association Member Management
www.lawpromo.com
Sunnyvale, CA truck accident Attorney
www.esrajunglaw.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Web Design For Korean American Lawyers
Korean American Lawyer Website Design
romeoproduction.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Family Lawyer Rockville Maryland
Rockville Divorce lawyer
familylawyersmd.com
   Legal Resource
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media.
 
 
 
Copyright © ClickTheLaw.com. All Rights Reserved.The content contained on the web site has been prepared by Click The Law. as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. By using the www.clickthelaw.com you agree to be bound by these Terms & Conditions.

A LawPromo Web Design