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On The Front Lines

The Rutherford Institute Challenges Constitutionality of Stolen Valor Act, Files Amicus Brief in United States of America v. Strandlof

DENVER, Colo. -- The Rutherford Institute has filed an amicus brief in the United States District Court for the District of Colorado in United States of America v. Strandlof. Since its founding in 1982, The Rutherford Institute has been a champion of the First Amendment right to free and unadulterated speech. To this end, the Institute's amicus brief in United States of America v. Strandlof is a defense of the First Amendment, which is under massive attack in our politically correct society.

The Rutherford Institute does not in any way condone Mr. Strandlof's actions as alleged in the charges against him. However, although we may disapprove of the purported content of Mr. Strandlof's speech, we cannot support any laws--no matter how well intended--that serve to undermine the free speech rights of Americans. The federal law being used to prosecute Mr. Strandlof is such a law. Indeed, the Stolen Valor Act is so broad that it allows prosecution of someone who jokingly claims they received an honor or medal. In order to protect the right of freedom of expression, the law should show some clear harm resulting from a false statement. The Rutherford Institute could support such a law. Otherwise, the government has the authority to intimidate and even prosecute innocent expressions by veterans.

Recognizing the debt our nation owes to those who have put their lives on the line to defend our cherished freedoms, The Rutherford Institute has long been a defender of the rights of veterans. To this end, we have repeatedly stood up for veterans when their own rights have been threatened or violated. For example, we are presently defending the First Amendment right of Vietnam veteran John Miska to distribute Buddy Poppies on the National Mall in order to raise awareness of various veterans' issues. We have also come to the defense of many other veterans over the years, including Patrick Cubbage, a Vietnam combat veteran who was fired from his job as a military honor guardsman for saying "God bless you" to families during funeral ceremonies. Additionally, John W. Whitehead, the president and founder of The Rutherford Institute, is also a veteran, having served as an officer in the United States Army from 1969 to 1971.

Too many of America's men and women in uniform have given their lives to ensure that the flames of freedom continue to burn brightly in America. We cannot allow those flames to be dimmed or extinguished out of a misplaced sense of outrage. Freedom remains the issue, and there is nothing more sacred than the right to speech in America. To this end, The Rutherford Institute is dedicated to defending that right--even when we disagree with the form and content of the speech at issue.

A copy of the Institute's amicus brief in United States of America v. Strandlof is available here.


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