On The Front Lines
VICTORY: Federal Judge Declares Stolen Valor Act to Be Unconstitutional in Violation of First Amendment
DENVER, Colo. -- Declaring a statute criminalizing false claims to military honors to be "facially unconstitutional" because it violates free speech, a federal judge has dismissed the case against a man who lied about being an Iraq war veteran.
The Rutherford Institute and the ACLU of Colorado had both filed amicus briefs in the United States District Court for the District of Colorado in United States of America v. Strandlof. In asking the court to declare the Stolen Valor Act unconstitutional, The Rutherford Institute argued that, no matter how well intended they might be, laws such as the Stolen Valor Act serve to undermine the free speech rights of Americans.
Since its founding in 1982, the Institute has been a champion of the First Amendment right to free and unfettered speech. To this end, the Institute's amicus brief served as a defense of the First Amendment, which is under massive attack in our politically correct society. The Rutherford Institute's amicus brief in United States of America v. Strandlof is available here.
"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," said John W. Whitehead, president of The Rutherford Institute and a veteran, having served as an officer in the United States Army. "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."
The case arose after Rick Strandlof was charged with violating the Stolen Valor Act, which makes it a federal crime to make false claims about receiving military decorations. Strandlof was accused of posing as "Rick Duncan," a wounded Marine captain who received a Purple Heart and a Silver Star, and using that persona to found and solicit funds for the Colorado Veterans Alliance.
In taking issue with the constitutionality of the Stolen Valor Act, Institute attorneys pointed out that simply lying without some tangible harm may not be made a crime. Furthermore, the law is so broad that it allows prosecution of one 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. Otherwise, the government has the authority to intimidate and prosecute even 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, the Institute has repeatedly stood up for veterans when their own rights have been threatened or violated.
For example, Institute attorneys successfully defended 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. They 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.
Press Contact
,
