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Reaction to SCOTUS Stolen Valor Act decision
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Lying about military service protected as free speech
- Duration 5:06
- Date Jun 29, 2012
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Lying about military service protected as free speech
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It all the coverage of the health care decision yesterday by the Supreme Court another major decision got somewhat lost.
The justices announce that you can lie about your military service that it's it's free speech protected by the First Amendment.
Here's the case that got the court.
To rule this way.
Xavier Alvarez was elected to a local water -- California he told folks there.
He was a marine who received a medal of honor the nation's highest military medal.
For his service.
None of it was true he was prosecuted and sentenced under the stolen valor act signed into law by president George W.
Bush to try to keep people from.
Tarnishing the value of real hero -- By lying about their military service.
But the justices ruled that Alvarez.
And his claims were quote contemptible they are protected speech.
Under the First Amendment.
Let's talk about it would.
Colonel -- force -- this is a retired air force colonel and a medal of honor recipient.
Leo you're a soft spoken guy we've talked to you before you spent what five years locked up in a Vietnamese prison.
You wouldn't have been there if you hadn't been shot down trying to save one of your wing man.
How are you feeling this morning.
Six John doesn't matter.
-- Here -- on this planet.
That's this year yeah sorry about this particular case -- and this case I guess we admit we lost a battle that as you say -- win the war -- their people it.
But people like.
And we will come up legislation is playing sponsors -- a -- letter resilient senators congressmen who -- Whom support and and and introduces legislation that I think the past and we'll we'll have new legislation -- -- to protect the truth.
-- you fought for freedom you fought for American freedom the court says this is freedom of speech that a guy like Alvarez is free to lie if he wants to.
Even though it is contemptible.
How how would you respond to the court if you could.
It's not it is contemptible people like Alvarez or their their low life they're contemptible people.
But you know -- So the constitutional right to two tallies -- these lies I I think about your kids -- grandkids.
Being if they get into this really this is okay according to constitutional -- to deceive deceive people.
But -- you you can bring him account better fighting that idea as to just about a year in combat some and I -- -- -- -- -- -- some and I.
Not once did -- hear anybody say look -- this fight for life you know well we fought for truth.
We're -- fashion and who I grew up you -- -- Kim Holland our country was built on lies is built on truth and her work and values and you know you go on -- it was just very disciplined.
-- I believe in freedom of speech we all do but there are some limits and I think I think -- lying about having military award.
There is an advantage if if you and I John -- -- -- just little ribbons and I don't know where oh where people otherwise.
And employers -- hire you there is no advantage claiming you've got awards and decorations you don't have.
Now I don't have a chest full ribbons I never served in my hat is off to you Leo for for everything you went through.
81 living medal of honor recipients you're sitting next to one of them they are national treasures.
For the Supreme Court to say it's okay I mean I could go out today and say that I'm a medal of honor recipient and according to the court that's okay.
Yeah I could be wearing kernel source uses -- right now and it would not be against any federal.
Federal law you know we're very disappointed first -- important know that the congressional medal of honor foundation -- proponent of free speech however.
You know.
False claims false statements that are verifiable -- false at the moment they are -- -- -- they they offer.
They they don't get constitutional protection they shouldn't get.
Constitutional protection they didn't Intel yesterday.
They offer nothing in the marketplace of ideas and so yeah we're we're very disappointed at the court's ruling the court has gone.
Two great links.
In other decisions and historically most notably yesterday in the Affordable Care Act decision to avoid constitutional collision.
And figure out a way to make this law constitutional we had hoped they would do the same thing with the stolen valor act.
By simply understanding that.
By lying about being in this case a medal honor recipient that.
Xavier Alvarez did receive something of value the court said in all three of its.
Opinions yesterday the plurality that the concurring in the dissenting opinion that the government does have a legitimate government on interest.
In in prescribing this type of speech is just that it and a fine and a majority of the justices.
-- -- -- -- I know that you hope to fix it mean and get a lot of it that the Supreme Court can live with.
And we'll be right.