Monthly Archives: July 2010

I’ve been super busy since returning from leave and decided to get back into the swing of things with a bit of controversy that i’m sure most of my readers will disagree with. So, i’m giving you bottom line up front and then ask that you continue reading. As currently written, I believe that the Stolen Valor Act is unconstitutional! BOOM BABY!!

With that said, the intention behind it is honorable and I find the people guilty of “violating” the Act dispicable, vile, and some of the lowest forms of life in the country – just under politicians. Now, let me explain. I’ll start with the Constitution itself:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

The word “abridge” in the Constitution is the legal synonym meaning “deprive of, dispossess of, disseise, divest of, expropriate, limit, restrict, seize, strip, take away, usurp, wrest from”, etc. Therefore, Congress can make “no law” that will restrict “the freedom of speech.” Now, let’s take a look at the actual wording of the Stolen Valor Act.

“Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item shall be fined under this title, imprisoned not more than six months, or both.’’

The emphasis being mine, this is the part that concerns me as a libertarian and constitutionalist. We have that document for a reason. It is the basis of our legal system and MUST be adhered to – or amended through a constitutional convention. As worded the mere utterance, whether in braggadocio or in fun, that one was awarded a military decoration is punishable. That, by definition, violates the abridgement clause of the 1st Amendment.

I was awarded the Silver Star medal. See that? I just violated the SVA. Even though you and I both know it’s not true, according to the law, I just commited a crime and am subject to prison time and fines as written.

We all know that we can’t have people running around in military and police uniforms. Where I think the SVA needs to be fixed is when citizens use their free speech bragging rights to commit fraud. When someone claims to be the recipient of a military decoration they never received in order to obtain a benefit or material gain is where the law should kick in. But then, the crime falls under fraud charges. Yes, the government will have a more difficult time proving fraud.

As I said before, I’m utterly and profainly disgusted with fake Soldiers (ie: IVAW). They are the scum suckers of the earth and can potentially give troops a bad name. However, I contend that only troops themselves can give troops a bad name. No one marching around in a fake uniform and surplus store medals is degraded what I know I earned. Only I can degrade or defame my accomplishments. I am opposed to this law not out of emotion, but out of legal standing.

I love the intent of the SVA, but I don’t want laws passed on what people think is or is not a good idea. I want laws passed that are for the good of the people AND comply with the Constitution of the United States – the document I’m sworn to uphold.

This all comes from a recent decision by US District Court Judge Robert Blackburn that dismissed a case against veteran imposter Rick Strandlof, also known as Rick Duncan. While Duncan/Strandlof is a putrid loser, I can’t help but agree with Blackburn.

“I acknowledge that there is much irony, to put it gently, in concluding that the core values of our system of governance, which our military men and women serve to defend with their very lives, are here invoked to protect false claims,” Blackburn wrote in his decision. “I have profound faith – a faith that appears to be questioned by the government here – that the reputation, honor, and dignity military decorations embody are not so tenuous or ephemeral as to be erased by the mere utterance of a false claim of entitlement.”

Unfortunately, I disagree with completely dismissing this particular case. Strandlof actually collected money based on his lies – fraud. While he shouldn’t be prosecuted for lying about being a Soldier or recipient of medals, he SHOULD be charged with fraud for misrepresenting himself to basically scam money from people. That is where the law should be focused.

One may argue that we can’t just let these idiots get away with lying about medals and service. I agree! That is why have groups like VAWatchdog.org, This Ain’t Hell, and other milblogs. Public humiliation is usually far worse than any jail time could ever be. Once one of these dirtbags is outed, his future career prospects will be put in jeopardy and his standing in the community will be shot.

This isn’t just an anti-war, moron issue. Just this week, an Army Command Sergeant Major was relieved for similar stolen valor issues. While details haven’t been released as to exactly what he was wearing that he wasn’t entitled to, the fact that he was relieved of his command position speaks volumes. Normally, these issues are small – someone wearing a unit award from a previous assignment and mistakenly thinking they are still authorized to wear it; one too many knots on the Good Conduct Medal; etc. For a CSM to be relieved, something beyond a simple Article 15 and non-judicial punishment happened.

The bottom line is that we can’t go easy on these people, but we need to create laws that are consistent with the supreme law of the land – the United States Constitution. Unfortunately, the Stolen Valor Act is not!