Denver appeals court weighs military impostor law

US Legal News

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.

Related listings

  • Raided pot providers sue government

    Raided pot providers sue government

    US Legal News 05/11/2011

    Two medical marijuana providers have accused the U.S. government of civil rights violations in what may be the first lawsuit of its kind in response to a federal crackdown on pot operations across the nation.The owners of Montana Caregivers Associati...

  • Judge dismisses EA from NCAA antitrust lawsuit

    Judge dismisses EA from NCAA antitrust lawsuit

    US Legal News 05/07/2011

    A federal judge has dismissed video game maker Electronic Arts Inc. from a high-profile antitrust lawsuit challenging the NCAA's long-standing prohibition against paying student athletes for their performance. But U.S. District Judge Claudia Wilken o...

  • States ask US court to overturn health overhaul

    States ask US court to overturn health overhaul

    US Legal News 05/05/2011

    More than two dozen states challenging the health care overhaul urged a U.S. appeals court on Wednesday to strike down the Obama administration's landmark law, arguing it far exceeds the federal government's powers. The motion, filed on behalf of 26 ...

Victorville CA DUI Lawyers - Drunk Driving Defense Attorney

The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.

The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.

Our Victorville CA DUI defense attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.

Business News

Indianapolis Personal Injury Law Firm Williams & Piatt are devoted to fighting for the injured. We represent people who have been injured
Criminal Defense Lawyers in Surry County. If you are charged with a criminal offense, please consult with an attorney. >> read