Supreme Court to Vote on Constitutionality of Stolen Valor Act
Posted on Oct 20, 2011 8:16am PDT
In the United States Armed Forces, the highest honor possible for military service is the Medal of Honor. Awarded by the President, this medal is only awarded for the "conspicuous gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States." Since 1862, only roughly 3500 members of the military have been awarded the Medal of Honor for their brave acts in a time of war. All branches of the military are eligible for this award.
For a member of the military who has received such a high accolade and also for any individuals who respect and support the United States Armed Forces, an act of misrepresenting claims to valor would be extremely disrespectful, but should it be illegal?
To answer that question, the United States Supreme Court is planning on ruling on whether the Stolen Valor Act (made a law in 2006) is constitutional. Plans for this particular decision are set for 2012. Under the Stolen Valor Act, falsely making claims of military honors or decorations authorized by Congress for the Armed Forces of the United States is illegal and punishable by courts of law. This act was created in 2005 and signed into law by President George W. Bush in 2006. Specifically, offenses as laid out in the act are charged as federal misdemeanors. If convicted, the individual could face jail time, depending upon the circumstances of the case. The penalty for faking claims to a Medal of Honor can get you a year in jail if you are convicted.
Though arguments against the Stolen Valor Act may make claims that it is an individual's right to free speech and expression that would allow them to falsify military records and achievements, an individual can still be punished under this particular act. Some appellate judges in various places in the country have struck down the law, stating that it is unconstitutional because claims of false valor are not causing direct harm. One particular San Francisco judge believed that the government shouldn't be responsible for punishing such acts.
There was an individual case that sparked the controversy on whether the Stolen Valor Act is constitutional. In Pomona, California, a man won a seat on his local Water Board by reason of his false claims to military valor, specifically stating that he had received the Medal of Honor when he had not. He was convicted after he pled guilty to lying about his claims and was fined and ordered to complete 400 hours of community service.
According to reports about the charged individual, he specifically lied about his military valor so that he could challenge the constitutionality of the Stolen Valor Act. Though several individuals have been charged under this act, the above case is the only example in which a person was actually convicted.