Stolen Valor Act of 2005

Stolen Valor Act

The Stolen Valor Act of 2005 (the Act), signed into law by President George W. Bush on December 20, 2006, is a U.S. law that broadens the provisions of previous U.S. law addressing the unauthorized wear, manufacture, sale or claim (either written or oral) of any military decorations and medals. It is a federal misdemeanor offense, which carries a punishment of imprisonment for no more than 1 year and/or a fine; the scope previously covered only the Medal of Honor.

The Act was first introduced in the U.S. House of Representatives on July 19, 2005, by Representative John Salazar, a Democrat from Colorado, as H.R. 3352. It was introduced into the Senate by Senator Kent Conrad, a Democrat from North Dakota, on November 10, 2005, as S. 1998. The Senate version was passed unanimously on September 7, 2006. The Senate version then went to the same House Judiciary Committee that held the House version. The Act briefly stalled, but the House subsequently passed the Senate version, S. 1998, on December 6, 2006.

The purpose of the Act is to strengthen the provisions of 18 U.S.C. § 704 by broadening its scope and strengthening penalties. Specific new provisions in the Act include: granting more authority to Federal law enforcement officers, extending scope beyond the Medal of Honor; broadening the law to cover false claims whereas previously an overt act had to be committed; covering, mailing, and shipping of medals; and protecting the reputation and meaning of military heroism medals. Under the act, it is illegal for unauthorized persons to wear, buy, sell, barter, trade or manufacture "any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces." In the 18 months after the act was enacted, the Chicago Tribune estimates 20 prosecutions. The number is increasing as awareness about the law spreads.

The Act was likely passed to address the issue of persons claiming to have been awarded military awards for which they were not entitled, and exploiting their deception for personal gain. For example, as of June 2, 2006, there were only 120 living Medal of Honor recipients, but there were far more known imposters. There are also large numbers of fake Navy SEALS and Army Special Forces, among others.

The Orders and Medals Society of America (OMSA), an organization of collectors, had opposed the bill in its current form. OMSA is of the opinion that the changes to 18 U.S.C. § 704 included wording that implied that any movement or exchange of medals would be illegal.

As of January 2010, a legal challenge concerning the constitutionality of the Stolen Valor Act is underway in the U.S. District Court in Denver, Colorado. Rick Strandlof founded an organization called Colorado Veterans Alliance, and is accused of posing as Marine Captain "Rick Duncan" and claiming to have received a Silver Star and Purple Heart in the Iraq War to obtain funds for his organization. Strandlof's attorney believes the law is too vague and that "protecting the reputation of military decorations is insufficient to survive this exacting scrutiny." The Rutherford Institute, a Virginia-based civil liberties group, joined in the case on January 20, 2010. "Such expression remains within the presumptive protection afforded pure speech by the First Amendment," the Institute's attorney wrote. "As such, the Stolen Valor Act is an unconstitutional restraint on the freedom of speech."

Act Unconstitutional

On July 16, 2010, a federal judge in Denver has ruled the Stolen Valor Act is "facially unconstitutional" because it violates free speech and dismissed the criminal case against Rick Strandlof, a man who lied about being an Iraq war veteran. Strandlof, 32, was charged with five misdemeanors related to violating the Stolen Valor Act — specifically, making false claims about receiving military decorations.

U.S. District Judge Robert E. Blackburn issued his decision rejecting the prosecution's argument that lying about having military medals dilutes their meaning and significance. "This wholly unsubstantiated assertion is, frankly, shocking and, indeed, unintentionally insulting to the profound sacrifices of military personnel the Stolen Valor Act purports to honor," Blackburn wrote. "To suggest that the battlefield heroism of our servicemen and women is motivated in any way, let alone in a compelling way, by considerations of whether a medal may be awarded simply defies my comprehension." Attorney Chris Beall, who filed a friend-of-the-court brief on behalf of the ACLU of Colorado, said the decision is remarkable. "The First Amendment protects speech we don't like," he said. "We don't need the First Amendment for speech people like. The government cannot criminalize a statement simply because it is false, no matter how important the statement is." Beall points out Strandlof wasn't charged with stealing money meant for the veterans group, adding that laws are already in place for those crimes. "That's plain-old, regular-vanilla everyday fraud, and we do prosecute that every day," he said. "Congress does not need a special statute to prevent people from using false claims of valor in order to prevent fraud." John Wagner, executive director of the Warrior Legacy Foundation, a veterans group that lobbied for Strandlof's prosecution, said he will push for an appeal. A spokesman for the U.S. attorney in Denver said prosecutors are reviewing the decision and haven't decided whether to appeal. The spokesman said that decision would be made by the U.S. Justice Department in Washington and prosecutors in Denver.

There is a similar case in California under appeal, USA v. Xavier Alvarez, case No. 08-50345 in the 9th U.S. Court of Appeals.

See also

• Mitchell Paige, Medal of Honor recipient who later tracked imposters
• Stolen Valor, book by B.G. Burkett & Glenna Whitley chronicling "phony" Vietnam veterans

External links

• "Colorado Congressman John Salazar Introduces Stolen Valor Act of 2005". HomeofHeroes.com. July 22, 2005. Retrieved 2006-12-10.

• "H. R. 3352 The Stolen Valor Act of 2005". Retrieved 2006-12-10.

• "Legislation to Protect the Integrity of Military Awards — Petition". HomeofHeroes.com. Retrieved 2006-12-10.

• "Stolen Valor Act of 2005". POW Network. Retrieved 2006-12-10.

• John Hoellwarth (December 12, 2006). "Blowhards, beware: Congress passes Stolen Valor Act, targets false military award claims". Marine Corps Times. Retrieved 2006-12-13.
• The Stolen Valor Act of 2005
• Congressional Medal of Honor Society
• Stolen Valor web site, the book the Stolen Valor Act was named after

False Heroes

• The PoW Network WANNABE'S A NATIONWIDE EPIDEMIC
• Fake Veterans
• David Hackworth's site
• Joe Johns (October 12, 2009). "Fake veteran faces 'stolen valor' charge". CNN. Retrieved 2009-10-12.{{cite news}}: CS1 maint: year (link)