During my busy day I had a little time to think about the ruling that was just handed down from the U.S. Supreme Court citing that the Stolen Valor Act shall be struck down as being unconstitutional. In the end I came to the determination that the decision, made by our highest court- though sound, is wrong.
The basis of the 6-3 judgment is a sound one based on the oldest laws of the land; the first amendment may indeed have been violated. However, the spirit of the violation is really what was at stake here. As a blogger I am, by default, for our first amendment rights of free speech. On the same note I’m also a member of the U.S. Coast Guard and a former member of the U.S. Army- two of our five military branches; this is where I begin to cringe.
The First Amendment, as read in the Bill of Rights, and interpreted by Cornell Law states (as it pertains to free speech):
The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech.
If need-be, reread that and pay attention to the second sentence in particular. The words “substantial justification” can be clearly articulated in nearly all the cases involved with bringing charges against individuals under the Stolen Valor Act. I’m kind of confused on how bringing charges against someone isn’t justified if that someone lies about their military services and/or decorations, and there is substantial proof via an individuals military record, or lack thereof?
I’ve heard people tout that people pretending to be military heroes is akin to those who dress up in those costumes at Disneyland; after all it’s just pretend right?
Impersonating a hero of war, or any current or former military member in general, is of the utmost disrespect to the service members of this nation. Those who’ve sacrificed their daily freedom to be part of a military force, and those who’ve died as part of the same forces have an extreme level of pride in what they do (or did) as the case may be. They’ve worked hard to obtain their position, from E-1 to O-10, they’ve all had to work to get to that place in their lives. For someone to simply walk into their local Ranger Joes or Army/Navy store and buy their way into the service is as low as one can be. If you want a Purple Heart join the military, go to war and get one (that’s from my 9 year-old daughter).
The Supreme Court has taken the side of the people, as they are supposed to. But in doing so they’ve alienated those who protect the freedoms of the United States. They’ve allowed the liars, heart-breakers, thieves, and con-artists of the U.S. win. While they win the service men and women of the United States have seen their sacrifices being lessened. If anyone can claim to have a Medal of Honor what’s the point of even being presented with one (No, I don’t really belive this but I’m trying to make a point). I’m grateful for people like those who run This Ain’t Hell for watching out for the rest of us.
- Midrats this Sunday, May 17 2013 – Episode 167: Intellectual Integrity, PME, and NWC
- Remembering our Fallen Coast Guard Shipmates and their Families
- On Midrats 10 Mar 13, Episode 166: “Expeditionary Fleet Balance”
- Guest Post by LTJG Matthew Hipple: From Epipolae to Cyber War
- For Strength and Courage: Neptunus Lex