Stolen Valor Act of 2005
Encyclopedia
The Stolen Valor Act of 2005, signed into law
by President
George W. Bush
on December 20, 2006, is a U.S. law that broadens the provisions of previous U.S. law
addressing the unauthorized wear, manufacture, or sale of any military decorations and medals
. It makes it a federal misdemeanor offense to falsely represent oneself as having received any U.S. military decoration or medal. If convicted, defendants may be imprisoned for up to six months, unless the decoration lied about is the Medal of Honor
, in which case imprisonment could be up to one year.
The Act was first introduced in the U.S. House of Representatives
on July 19, 2005, by Representative John Salazar
, a Democrat
from Colorado
, as H.R. 3352. It was introduced into the Senate
by Senator Kent Conrad
, a Democrat from North Dakota
, on November 10, 2005, as S. 1998. The Senate version was passed unanimously on September 7, 2006. The Senate version then went to the same House Judiciary Committee
that held the House version. The Act briefly stalled, but the House subsequently passed the Senate version, S. 1998, on December 6, 2006.
The purpose of the Act is to strengthen the provisions of federal law (18 U.S.C. § 704) by broadening its scope and strengthening penalties. Specific new provisions in the Act include:
granting more authority to Federal law enforcement officers;
broadening the law to cover false claims whereas previously an overt act
had to be committed; covering mailing and shipping of medals;
and protecting the reputation and meaning of military heroism medals.
Under the act, it is illegal for unauthorized persons to wear, buy, sell, barter, trade, or manufacture “any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces.” In the 18 months after the act was enacted, the Chicago Tribune estimates 20 prosecutions. The number is increasing as awareness about the law spreads.
The Act was likely passed to address the issue of persons claiming to have been awarded military awards for which they were not entitled, and exploiting their deception for personal gain. For example, as of June 2, 2006, there were only 120 living Medal of Honor recipients, but there were far more known imposters. There are also large numbers of people fraudulently claiming to be Navy SEALS
and Army
Special Forces, among others.
In January 2010, a legal challenge concerning the constitutionality of the Stolen Valor Act was filed in the U.S. District Court in Denver, Colorado. Rick Strandlof founded an organization called Colorado Veterans Alliance, and was accused of posing as Marine
Captain "Rick Duncan" and claiming to have received a Silver Star
and Purple Heart
in the Iraq War to obtain funds for his organization. Strandlof's attorney believes the law is too vague and that "protecting the reputation of military decorations is insufficient to survive this exacting scrutiny." The Rutherford Institute, a Virginia-based civil liberties group, joined in the case on January 20, 2010. "Such expression remains within the presumptive protection afforded pure speech by the First Amendment," the Institute's attorney wrote. "As such, the Stolen Valor Act is an unconstitutional restraint on the freedom of speech."
"Another point, with regards to people wearing so-called unauthorized military uniforms, is that the government undermines its own case by both selling surplus uniforms on the civilian market and allowing its authorized vendors to sell uniforms on the open market. I don't see a jury in the world convicting anyone of alleged illegal uniform wear if they can show they purchased it from a surplus source or official vendor. If the government didn't want civilians wearing military uniforms it shouldn't be selling them on the civilian market."
and dismissed the criminal case against Strandlof who lied about being an Iraq war veteran. Strandlof, 32, was charged with five misdemeanors related to violating the Act — specifically, making false claims about receiving military decorations.
U.S. District Judge Robert E. Blackburn issued his decision rejecting 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."
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. A spokesman for the U.S. attorney in Denver said prosecutors are reviewing the decision and haven’t decided whether to appeal. The spokesman said that decision would be made by the U.S. Justice Department in Washington and prosecutors in Denver.
There is a similar case in California under appeal, USA v. Xavier Alvarez, case No. 08-50345 in the 9th U.S. Court of Appeals. This case was decided on August 17, 2010, when the panel also ruled the Stolen Valor Act unconstitutional. The federal appeals court panel in California says people have a right to lie about receiving military medals. Specifically, in the 2–1 decision, the majority said there’s no evidence that such lies harm anybody, and there’s no compelling reason for the government to ban such lies.
“The right to speak and write whatever one chooses – including, to some degree, worthless, offensive and demonstrable untruths – without cowering in fear of a powerful government is, in our view, an essential component of the protection afforded by the First Amendment,” Judge Milan Smith said in the majority opinion. If lying about a medal can be classified as a crime, Smith said, so many everyday lies could become criminal acts, such as lying about one’s age, misrepresenting one’s financial status on Facebook, or telling one’s mother falsehoods about drinking, smoking or sex.
The majority also found that there was no malice intended or harm done, since Mr. Alvarez uttered his fabrication during introductory remarks before the Three Valley Water District board of directors in California, of which he was a new member. (Mr. Alvarez, the judges noted, had also at various times claimed to have played hockey for the Detroit Red Wings and to have rescued the American ambassador during the Iranian hostage crisis.) “We have no doubt that society would be better off if Mr. Alvarez would stop spreading worthless, ridiculous and offensive untruths,” the ruling said. “But, given our historical skepticism of permitting the government to police the line between truth and falsity, and between valuable speech and drivel, we presumptively protect all speech, including false statements.”
On March 21, 2011, a majority of judges in the U.S. Court of Appeal for the Ninth Circuit refused to rehear the Alvazer case en banc
thereby allowing the panel's decision to stand. In the order refusing to hear the case en banc, Judge Alex Kozinski
issued a lengthy concurrence, responding to critics of the decision and asserting that the First Amendment covers most varieties of lying
and misrepresentation
, where not otherwise unprotected by the First Amendment under the traditional view. The traditional view holds that only a certain variety of speech are exempt from standard constitutional scrutiy such as fraud
, fighting words
, defamation, incitement
, and speech attendant to the commission of a crime. Judge Diarmuid O'Scannlain dissented from the denial of rehearing arguing that false representations are not per se entitled to First Amendment protection.
On October 17, 2011, the U.S. Supreme Court agreed to consider the validity of the law.
, where each PU is now worth $110, which is easily adjusted according to inflation
.
The Military Decorations and Distinctive Badges Act 1918 (New Zealand) was last amended in 1974. Centres on fraudulently wearing military decorations not awarded to them. The fine does not exceed $500. The penalties section imposes one month's jail, or a fine not exceeding $40.
False Heroes:
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on December 20, 2006, is a U.S. law that broadens the provisions of previous U.S. law
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
addressing the unauthorized wear, manufacture, or sale of any military decorations and medals
Awards and decorations of the United States military
Awards and decorations of the United States Military are military decorations which recognize service and personal accomplishments while a member of the United States armed forces...
. It makes it a federal misdemeanor offense to falsely represent oneself as having received any U.S. military decoration or medal. If convicted, defendants may be imprisoned for up to six months, unless the decoration lied about is the Medal of Honor
Medal of Honor
The Medal of Honor is the highest military decoration awarded by the United States government. It is bestowed by the President, in the name of Congress, upon members of the United States Armed Forces who distinguish themselves through "conspicuous gallantry and intrepidity at the risk of his or her...
, in which case imprisonment could be up to one year.
The Act was first introduced in the U.S. House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
on July 19, 2005, by Representative John Salazar
John Salazar
John Tony Salazar is the former Congressman for , serving from 2005 until 2011. He is a member of the Democratic Party. Following his service in Congress, he was appointed as Commissioner of the Colorado Department of Agriculture in the Cabinet of Governor John Hickenlooper in 2011.-Early life,...
, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
from Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, as H.R. 3352. It was introduced into the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
by Senator Kent Conrad
Kent Conrad
Kent Conrad is the senior United States Senator from North Dakota. He is a member of the North Dakota Democratic-NPL Party, the North Dakota affiliate of the Democratic Party...
, a Democrat from North Dakota
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
, on November 10, 2005, as S. 1998. The Senate version was passed unanimously on September 7, 2006. The Senate version then went to the same House Judiciary Committee
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...
that held the House version. The Act briefly stalled, but the House subsequently passed the Senate version, S. 1998, on December 6, 2006.
The purpose of the Act is to strengthen the provisions of federal law (18 U.S.C. § 704) by broadening its scope and strengthening penalties. Specific new provisions in the Act include:
granting more authority to Federal law enforcement officers;
broadening the law to cover false claims whereas previously an overt act
Overt Act
In criminal law, an overt act , an open act, one that can be clearly proved by evidence, and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime...
had to be committed; covering mailing and shipping of medals;
and protecting the reputation and meaning of military heroism medals.
Under the act, it is illegal for unauthorized persons to wear, buy, sell, barter, trade, or manufacture “any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces.” In the 18 months after the act was enacted, the Chicago Tribune estimates 20 prosecutions. The number is increasing as awareness about the law spreads.
The Act was likely passed to address the issue of persons claiming to have been awarded military awards for which they were not entitled, and exploiting their deception for personal gain. For example, as of June 2, 2006, there were only 120 living Medal of Honor recipients, but there were far more known imposters. There are also large numbers of people fraudulently claiming to be Navy SEALS
United States Navy SEALs
The United States Navy's Sea, Air and Land Teams, commonly known as Navy SEALs, are the U.S. Navy's principal special operations force and a part of the Naval Special Warfare Command as well as the maritime component of the United States Special Operations Command.The acronym is derived from their...
and Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
Special Forces, among others.
Opposition and legal challenges
The Orders and Medals Society of America (OMSA), an organization of collectors, had opposed the bill in its current form. OMSA is of the opinion that the changes to 18 U.S.C. § 704 included wording that implied that any movement or exchange of medals would be illegal.In January 2010, a legal challenge concerning the constitutionality of the Stolen Valor Act was filed in the U.S. District Court in Denver, Colorado. Rick Strandlof founded an organization called Colorado Veterans Alliance, and was accused of posing as Marine
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
Captain "Rick Duncan" and claiming to have received a Silver Star
Silver Star
The Silver Star is the third-highest combat military decoration that can be awarded to a member of any branch of the United States armed forces for valor in the face of the enemy....
and Purple Heart
Purple Heart
The Purple Heart is a United States military decoration awarded in the name of the President to those who have been wounded or killed while serving on or after April 5, 1917 with the U.S. military. The National Purple Heart Hall of Honor is located in New Windsor, New York...
in the Iraq War to obtain funds for his organization. Strandlof's attorney believes the law is too vague and that "protecting the reputation of military decorations is insufficient to survive this exacting scrutiny." The Rutherford Institute, a Virginia-based civil liberties group, joined in the case on January 20, 2010. "Such expression remains within the presumptive protection afforded pure speech by the First Amendment," the Institute's attorney wrote. "As such, the Stolen Valor Act is an unconstitutional restraint on the freedom of speech."
"Another point, with regards to people wearing so-called unauthorized military uniforms, is that the government undermines its own case by both selling surplus uniforms on the civilian market and allowing its authorized vendors to sell uniforms on the open market. I don't see a jury in the world convicting anyone of alleged illegal uniform wear if they can show they purchased it from a surplus source or official vendor. If the government didn't want civilians wearing military uniforms it shouldn't be selling them on the civilian market."
Act ruled unconstitutional
On July 16, 2010, a federal judge in Denver ruled the Stolen Valor Act is “facially unconstitutional” because it violates free speechFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and dismissed the criminal case against Strandlof who lied about being an Iraq war veteran. Strandlof, 32, was charged with five misdemeanors related to violating the Act — specifically, making false claims about receiving military decorations.
U.S. District Judge Robert E. Blackburn issued his decision rejecting 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."
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. A spokesman for the U.S. attorney in Denver said prosecutors are reviewing the decision and haven’t decided whether to appeal. The spokesman said that decision would be made by the U.S. Justice Department in Washington and prosecutors in Denver.
There is a similar case in California under appeal, USA v. Xavier Alvarez, case No. 08-50345 in the 9th U.S. Court of Appeals. This case was decided on August 17, 2010, when the panel also ruled the Stolen Valor Act unconstitutional. The federal appeals court panel in California says people have a right to lie about receiving military medals. Specifically, in the 2–1 decision, the majority said there’s no evidence that such lies harm anybody, and there’s no compelling reason for the government to ban such lies.
“The right to speak and write whatever one chooses – including, to some degree, worthless, offensive and demonstrable untruths – without cowering in fear of a powerful government is, in our view, an essential component of the protection afforded by the First Amendment,” Judge Milan Smith said in the majority opinion. If lying about a medal can be classified as a crime, Smith said, so many everyday lies could become criminal acts, such as lying about one’s age, misrepresenting one’s financial status on Facebook, or telling one’s mother falsehoods about drinking, smoking or sex.
The majority also found that there was no malice intended or harm done, since Mr. Alvarez uttered his fabrication during introductory remarks before the Three Valley Water District board of directors in California, of which he was a new member. (Mr. Alvarez, the judges noted, had also at various times claimed to have played hockey for the Detroit Red Wings and to have rescued the American ambassador during the Iranian hostage crisis.) “We have no doubt that society would be better off if Mr. Alvarez would stop spreading worthless, ridiculous and offensive untruths,” the ruling said. “But, given our historical skepticism of permitting the government to police the line between truth and falsity, and between valuable speech and drivel, we presumptively protect all speech, including false statements.”
On March 21, 2011, a majority of judges in the U.S. Court of Appeal for the Ninth Circuit refused to rehear the Alvazer case en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
thereby allowing the panel's decision to stand. In the order refusing to hear the case en banc, Judge Alex Kozinski
Alex Kozinski
Alex Kozinski is Chief Judge of the United States Court of Appeals for the Ninth Circuit, an essayist, and a judicial commentator.-Biography:...
issued a lengthy concurrence, responding to critics of the decision and asserting that the First Amendment covers most varieties of lying
Lying
Lying may refer to:* Lie — a deliberate untruth.* Lying a 2011 book by neuroscientist Sam Harris* Lying — a horizontal position* Lying — a 2006 film* Lying — a song by Australian band, Amy Meredith...
and misrepresentation
Misrepresentation
Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality...
, where not otherwise unprotected by the First Amendment under the traditional view. The traditional view holds that only a certain variety of speech are exempt from standard constitutional scrutiy such as fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, fighting words
Fighting words
Fighting words are written or spoken words, generally expressed to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction...
, defamation, incitement
Incitement
In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime....
, and speech attendant to the commission of a crime. Judge Diarmuid O'Scannlain dissented from the denial of rehearing arguing that false representations are not per se entitled to First Amendment protection.
On October 17, 2011, the U.S. Supreme Court agreed to consider the validity of the law.
Alvarez Dissent
While both the Ninth Circuit and the U.S. District Court for the District of Colorado both held the Stolen Valor Act was unconstitutional, legal scholars are not all in agreement that lying should receive constitutional protection. In Alvarez, Judge Bybee dissented from his two colleagues in the majority noting that the U.S. Supreme Court has consistently held that knowingly false statements do not enjoy constitutional protection. And while a major concern for the Alvarez majority was the absence of a damage requirement in the Stolen Valor Act, as is present in actions for fraud and defamation, there are numerous laws today which criminally punish lying. Perjury is punishable by 17 states, even where the lie has no effect on the trial. Furthermore, nearly all states prohibit “False Swearing,” a perjury-like statute in which simply telling a lie under oath is a crime. And some Obstructing Justice statutes that prohibit lying to police do not require that any actual harm result from the lie. Even lying on a FAFSA or military enlistment application is against the law, regardless of whether the government detrimentally relies on that information. Most notably, lawyers may be sanctioned for lying about the qualifications or integrity of a judge or candidate for judicial office. The Ninth Circuit (the same court that decided Alvarez) upheld this regulation against a Free Speech challenge in 1993, declaring that even negligent false statements made by an attorney about a judge could be punished.Other countries
Under the Federal Defence Act (Australia), persons falsely representing themselves as returned soldiers, sailors or airmen, or wearing decorations that were not earned, can face up to six months' jail and a $3,300 fine. The fine is actually made up of 30 Penalty UnitsPenalty units
Breaches of statute law in Australia are usually prescribed in terms of penalty units or PUs. To establish a fine, multiply the number of penalty units by the amount....
, where each PU is now worth $110, which is easily adjusted according to inflation
Inflation
In economics, inflation is a rise in the general level of prices of goods and services in an economy over a period of time.When the general price level rises, each unit of currency buys fewer goods and services. Consequently, inflation also reflects an erosion in the purchasing power of money – a...
.
The Military Decorations and Distinctive Badges Act 1918 (New Zealand) was last amended in 1974. Centres on fraudulently wearing military decorations not awarded to them. The fine does not exceed $500. The penalties section imposes one month's jail, or a fine not exceeding $40.
See also
- Mitchell PaigeMitchell PaigeMitchell Paige was a recipient of the Medal of Honor from World War II...
, Medal of Honor recipient who later tracked imposters - Stolen ValorStolen ValorStolen Valor: How the Vietnam Generation Was Robbed of its Heroes and its History is a self-published book by B.G. Burkett & Glenna Whitley which asserts both that there is a popular view of Vietnam War veterans as broken men and psychopaths and that this view is false...
, book by B.G. Burkett and Glenna Whitley chronicling "phony" Vietnam veterans.
External links
- The Stolen Valor Act of 2005
- Congressional Medal of Honor Society
- Stolen Valor web site, the book the Stolen Valor Act was named after
- 22 August 2011 - Feds ask Supreme Court to Validate Stolen Valor Act
False Heroes:
- The PoW Network WANNABE'S A NATIONWIDE EPIDEMIC
- Fake Veterans
- David Hackworth's fraud file
- Brian DennehyBrian DennehyBrian Mannion Dennehy is an American actor of film, stage and screen.-Early years:Dennehy was born in Bridgeport, Connecticut, the son of Hannah and Edward Dennehy, who was a wire service editor for the Associated Press; he has two brothers, Michael and Edward. Dennehy is of Irish ancestry and was...