A judge has ruled, in a case involving a man who claimed he was an ex- Marine who was wounded in Iraq and received the Purple Heart and Silver Star, that the Stolen Valor Act under which the man was charged was unconstitutional. The judge said that the Government failed to show it had a compelling reason to restrict this type of statement. The ACLU supported the ruling saying that the Stolen Valor Act is fatally flawed because it doesn't require prosecutors to show anyone was harmed or defamed by the lie.
Representative John Salazar, D, Colorado, who sponsored the Stolen Valor Act, predicted that the judge's ruling would be overturned on appeal. Mr. Salazar said that this was an issue of fraud plain and simple. The individuals who violate this law are those who knowingly portray themselves as pillars of the community for personal or monetary gain. Certainly, the crafters of the Stolen Valor Act were trying to do the right thing by putting a stop to this kind of misrepresentation, so it will be interesting to see how the courts rule.
The ACLU is saying that untrue speech is protected by the first amendment if the speech neither harms nor defames someone. In the case of those who claim unearned military service, awards or honors, I believe our entire citizenry is harmed and those of us who have served honorably are all defamed by these lies. The stolen part of the Stolen Valor Act is not in question. The person who does this is stealing physical as well as intrinsic value. The well wishes of his fellow citizens, the opening of doors both physically, as when people actually open the door and wave you to go first, to metaphorically when you are considered above others for a job or promotion, these things are real and have real value.
When people grab your hand and say, "Thank You!" with grateful eyes as they wish you well they are giving you a special piece of themselves and their Americanism by saying that your service means something to them. The cowards who steal these honors and awards steal not only from Veterans but from all citizens who believe in American integrity and honor.