Today's Date: Add To Favorites
Denver appeals court weighs military impostor law
Headline Legal News | 2011/05/12 08:41

A federal appeals court in Denver was hearing arguments Thursday on whether Congress can make it illegal to falsely claim to be a military hero.

At issue is the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have been awarded a military medal.

The case before the 10th U.S. Circuit Court of Appeals centers on Rick Strandlof, a Colorado man who was arrested after claiming he was wounded in Iraq as a Marine and had received military medals. His lawyers have acknowledged the claims were false.

A federal judge ruled the law violated the First Amendment. Prosecutors asked the 10th Circuit to uphold the law, which has also been challenged in California.

The law makes it a crime punishable by up to a year in jail to falsely claim to have received a medal from the U.S. military.

Some legal scholars have said they expect the law to eventually land before the U.S. Supreme Court.

In the Colorado case, Strandlof, who founded a veterans group in Colorado Springs, was charged in 2009 with violating the law by claiming to be an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star. The military said it had no record that he ever served.

A federal judge threw out the case in July, ruling the U.S. government had not shown any compelling reason to restrict that particular type of speech.

The judge also ruled that lying about getting a military medal doesn't fall into any of the limited exceptions to free speech that the Supreme Court has recognized, including fraud.

The law doesn't require a showing that an alleged impostor got financial benefits or caused financial harm for a conviction.

In the California case, Xavier Alvarez, a water board official from Pomona, was indicted in 2007 after saying at a public forum that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration.

He pleaded guilty on condition that he would be allowed to appeal on First Amendment grounds. A three-judge panel of the 9th Circuit ruled 2-1 in his favor in August.



[PREV] [1] ..[1249][1250][1251][1252][1253][1254][1255][1256][1257].. [1867] [NEXT]



All
Legal Business
Headline Legal News
Court News
Court Watch
Legal Interview
Topics in Legal News
Attorney News
Press Release
Opinions
Legal Marketing
Politics
Court: Ex-West Virginia judge inelig..
Wisconsin Supreme Court primary will..
Kushner firm seeks court change to k..
Judge to ask EU court about post-Bre..
Court: Idaho nuclear waste documents..
Supreme Court blocks some redrawn No..
Court allows Pennsylvania to redraw ..
Greek court postpones decision in Tu..
UN court lays down Costa Rica, Nicar..
Judge admonishes victims' dad who ch..
Nassar to face another sentence, vic..
Find Lawyers, Law Firms & Legal Serv..
 Law Firm Web Design Information
Law Promo has worked with attorneys, lawyers and law firms all over the world in designing beautiful law firm websites that look great on all devices, from desktop computers to mobile phones. Law Promo can construct your law firm a brand new responsive law firm website, or help you redesign your existing site to secure your place in the mobile world. Law firm website design by Law Promo


   Lawyer & Law Firm Links
Houston Car Accident Attorneys
Wrongful Death Attorneys Houston
Houston Wrongful Death
Chicago Business Law Attorney
Corporate Litigation Attorneys
www.rothlawgroup.com
Law Firm Website Designs
Law Office Website Solutions
www.webpromo.com
Amherst, Ohio Divorce Lawyer
Sylkatis Law - Child Custody
loraindivorceattorney.com
Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.com
Fort Lauderdale DUI Lawyer
Miami Drug Crimes Lawyer
www.mishalilaw.com
Fort Washington Employment Lawyer
Attorney Marc E. Weinstein
www.meweinsteinlaw.com
San Francisco Trademark Lawyer
San Jose Trademark Lawyer
www.onulawfirm.com
 
 
Disclaimer: The content contained on the web site has been prepared by Romeo Media as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Legal Business News for You to Reach America's Legal Professionals. Get the latest legal news and information.