Stolen Valor
Fri, 29 Jun 2012|
The Supreme Court Justices struck down a federal law yesterday making it a crime to lie about receiving the Medal of Honor and other military awards. Howie absolutely disagreed with this ruling on Stolen Valor.
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Automatically Generated Transcript (may not be 100% accurate)
Here's that we're to talk about the the stolen valor act here today as you know yesterday the Supreme Court threw out. It was a six to three to two war. To what declared unconstitutional. That a divided Supreme Court yesterday overturned a law that made it a crime to lie about having earned a military decorations saying the act was an unconstitutional. Infringement on free speech. The case are rose from the prosecution of eggs they Revere Alvarez under the stolen valor act -- law signed in 2006. That made it a crime. For person to falsely claim Worley and Orrin writing quote to been awarded any decoration or medal authorized by congress for the united. For the armed forces of the United States on quote. Mr. Alvarez an elected member of the board of directors of water district of Southern California set at a public meeting in 2007 that he had received the medal of honor the nation's. Highest military award after being wounded in action as a marine. All of those claims were -- his lawyers later conceded. He was on the board of directors of water district. What I mean what would be what would the medal of honor how would that make you more qualified. Two to be on the board of directors of the one artistry. Charged with violating the law Alvarez argued his remarks were protected speech under the First Amendment the trial judge rejected his defense saying the First Amendment does not apply to statements the speaker knows to be faux. But in 22000. -- divided three judge panel of the the US ninth Circuit Court of Appeals the -- the ninth circuit. Reversed the decision saying that if the law were upheld quote there would be no constitutional -- to criminalizing lying about one's height. Wait age or financial status on match dot com or FaceBook on quote. Or about lying about one its native American Heritage I. I might add. On Thursday -- six justice majority of the Supreme Court agreed with the appeals court ruling the law was overly broad -- the threat the first amendment rights by criminalizing speech even when news knowingly faults. But the government has a clear interest in protecting the integrity of military honors the court said the Obama administration had failed to demonstrated its defense of the stolen valor act. How mr. Alvarez has also -- undermine the award system. The First Amendment requires that there be a direct link. Casual link between. Causal link excuse me causal link between the restriction imposed from the injury to be prevent that justice Anthony Kennedy wrote. In an opinion joined by Roberts. Ginsburg and a Sotomayor here that link has not been shown. In a sharply worded dissent justice Sam Alito wrote that there has been an epidemic of false claims about military decorations on quote which congress has had reasonably concluded war quote inflicting real harm on actual medal recipients and their families on quote. He was joined by justices Antonin Scalia and Clarence Thomas. By holding that the First Amendment nevertheless shields these lies Justice Alito wrote the court break sharply from a long line of cases recognizing. That the right to free speech does not protect false factual statements that inflict real harm and serve no legitimate interest. It's what's the about the speech that people -- You know we don't know -- -- okay week you know we we do know. That that he he wrote in his diary that that he hadn't seen any action and that that that diary entry was a couple of days. After the date on which the allegedly increase in Curtis first injury which led him to file line up for re purple heart. But however we do know that senator Blumenthal. Of Connecticut. Has has said in the past repeatedly. You mentioned how old -- we. The plural opus the first person plural we came back from Vietnam we were spat upon spat upon. The reality is he was never in Vietnam and he was not in the regular military he was in the the National Guard -- we also know that senator Thomas Harkin. Iowa. Has has said today in the past that he was a fighter pilot in Vietnam when in fact the he actually flew war. -- war cargo points. That's I would say that's really not gonna make the make the idea. Make the cut that's not really wins amateur but these guys never claimed to have medals that they Blumenthal. Park and Carrey they've never claimed to have metals that they that they did that. You know there's all there's all kinds of people have been gotten caught in this got caught claiming metals -- claiming to be there was there was a publisher of the the Arizona Republican newspaper. The original public newspaper he. He claimed to have been a fighter pilot he -- he had all kinds of things he had medals he had. Models of airplanes he when he when he let a completely false light and he'd never even -- NN. Service. I don't know I. I took the think that it's it's it's worth prosecuting people for this I -- it. It Betty if it it is a you -- I amnesty and the First Amendment I love the First Amendment and the on the up from a purist on the First Amendment but. You know there there's the old saying you know the other so there's some things aren't covered under the First Amendment UUQ and you -- if you're under -- he can't why. Can't commit perjury. You don't have the right to yell -- fire in the crowded theater and that widow was born in journalism school. You why you don't have you can be screwed if you if you write with reckless disregard for the troop and and malice aforethought. It's so I'm just I I think I I. I what do I think -- might have been in congress I would vote for the stolen valor act and I think it probably should you know we can be rewritten so that it would work Isiah. You know it is so that could pass Muster I would I would certainly vote I would certainly vote for again I think that it should be they should try to rewrite it. 18774694322. At the base of this ruling was somewhat surprising -- like obamacare during oral arguments in February most of the justices. Seemed to accept that the First Amendment did not protect calculated -- that caused at least some kinds of harms some kinds of -- that the government did have a substantial interest. In protecting the integrity of its system of military honors. It's certainly does but -- how about. Hamas for the people who wore -- the honors I mean. I can't imagine what how how frustrating it must be you know how. It's frustrating as an understatement how infuriating it must be if you know if you variety if you actually bitten in combat and you perceived. You've received a ribbon or decoration or medal. And and it's now all of a sudden some guy is cleaning that he got it and in many cases these people were never even in the service community. I just awesome I just thought of a couple more. Number the there was a guy who -- them went to prison was involved in liquor store robber wore guy died. And guy Biden was Kelly was murdered by the by the guy went into the liquor store shot the clerk. And so this guy claimed that that he had to have been sent to Vietnam and he -- the he'd become a drug addict in in Vietnam because of the combat. That he had undergone and that that's what made him a -- and it therefore he should he had the post traumatic stress syndrome or something and he was responsible for his actions. And of course the globe who wrote an -- like it was actually true. And and it got picked up by another. Another. Outfit known for its. Disregard. Of of factual journalism. Sixty minutes. And they wrote about this guy had done all it did it's been terrible it was in combat that's how we got addicted to drugs. And not turned out he had never been in Vietnam he had been in the service but he would -- into work at a warehouse on -- -- His entire time India Pacific theater. And then when he got out and that he was then of course once he he was let go on the basis of false stories were printed in the globe and then up. Televised on sixty minutes. He. Immediately. Got back on to drugs and resumed his criminal career. It's just that the in this just millions that they did millions stories there. 187 side there was a guy from there was a guy for my prep school was Deerfield Academy username was -- He was a he was a congressman from new York and they did they redistrict him out you know New York was congressman every time. And so we decided to run for some higher office and he said he was a DC said he was a navy veteran of Vietnam and it turns out that he that he was this -- he was in Vietnam was a civilian employee of the -- on. He that was the end of his political career there was a there was a columnist in this vicinity who claimed he was a marine in Vietnam. It was total. Totally bogus they ran him on TV one time so it is they might still on your I think you know what his name is returns to Paris silent. The only big. Truck a lot of that -- the coast or some you know I I wasn't a -- violent if I'd been the parent's -- I don't think I would've gotten a chart like that I would like Simon and terrorism at I want my head would explode it. The only time this guy never were bitten by on Parris island was you know from 35000 feet flying down to Florida for a nice vacation. Maybe he waved. And he goes back to Paris and like you have that. You managed the audacity of these people. 1877469432218774694322. Remember carry through his medals away. No I remember carry through somebody else's medals away that's what happened mindset and now Harkin file twice as private jet to his vacation home in the Bahamas I wonder -- -- ever has flashbacks that's from to a seven. Two and other tools seventh was governor Sununu involved with the justice roberts' nomination all want it's bad he'd go to Vicky feels guilty enough about David Souter I don't think you can blame. Roberts on him I'd like to know we can blame Roberts on ballots like enough -- David you're next -- powered car we're talking about stolen valor being thrown out go ahead. Yes I was actually holding on Columbia healthcare that I was the one who was actually for it but -- by the fact been making me -- there's this whole thing about holder in this opening about. Obama's health care. You're about to. Goal over the top you know I mean I'm sure you -- cigarettes and getting all upset. I I'm absolutely loving every minute of it it and I'm probably looking forward to November because by the bottle win -- will go and it deep. I mean are. I am loving every minute that. Well that's good I'm glad you are in and you know. What we're almost at the end of the month so guess what your welfare check is coming. And you -- -- -- card is going to it's going to band reloaded I mean that's wonderful you can get your your. Your lawyers -- spot -- accurate yelled yeah you're. You're happy about Eric Holder are not committed personally -- but congress that's great guy. Sure what are Republicans commits perjury in front of congress. You really wanna know what I'm happy about how unhappy about that. To win album comes. If Obama wins I'm happy this is the final nail in the coffin of the globally -- that the US is changing. Could be a. The USA the US is -- that's right we've we've we've spending twice as much money on food stamps as we digits or years ago. David it's 8040%. Of the births in the country real legitimate boy it's great we're doing away with the old United States of America. Great David that and enjoy the welfare check and think of may when you crack open your first your first bottle. C a later Dan your next with how -- cargo ahead Dan. How -- want to look at her first caller thanks all I hope I'm applying. It probably all. Told me something and it was secretly want Obama. -- never -- for. He. Feature. Story it would be asked these -- still via. Yep BFB I know a nice guy. I don't Miami -- would say Howard I'm gonna watch your mouth about what's so yeah. How about beyond about the guy -- from the Democratic National Committee did you year about this yesterday. He we he we -- waited you know we want ma am bleep are believers -- -- he -- in the senate constitutional bitches. Yeah it's. Certainly classical. Appear and -- -- -- -- -- -- and I work at it and next. Amber has put that willingness to give it you know what is seen. -- I think they probably know there and. I don't know that but feel it's it's. To raise campaign money. Something like this which has swept -- As it was for sending. -- -- But it is it is. Like it was -- 24 hours and about me and my generation. In the. Yeah I I know -- I know it's don't. You know although it can still work out for the best you know I mean is there's there's still one final appeal on the final appeals on November 6 at -- at the polling places and you know if you if you want opponents of this monster and so. All of them on sets. You know whether it's -- BT cards are illegal aliens or -- Or Obama care you couldn't we couldn't we can both these people out thanks for the call them wreck your next with how we cargo -- -- You don't -- -- analysts and effort and well thank you I don't know anybody else is -- what did. -- just over on the channel multi carry local. By sided. All bought on the air I'm just wondering if he gave Obama the man. People that are against. Obamacare they appear to be more people against the atomic scale than Iraq early against Obama. -- don't don't think you -- worst thing these things I mean you know a -- -- if you've got a straight shot you know way if you're playing pool and you have a straight shot. Stood to knock knock one of the balls into the hole are you gonna try like at triple Caroline shopped to deported them. Now not at this early but maybe this way you make Robinson waited part of the -- Not -- -- -- at a best buy. I know I don't you know. Now. People -- vote against Obama. Just to get rid of obamacare. Yeah I I don't I think he could've. I think the important thing the -- you don't have to. Have to take your victories when you can get up I mean you don't study I don't think you can I don't think you could look ahead and then accept them at the feet forward you know for victory -- Down the road because you never know if you're gonna get that victory down the road and as as of right now we're saddled with the this this grotesque. Abomination. Called Obama care you know what and all these people are you know the only people -- cheering your -- are the people who think they're not gonna be affected by a I just don't in the in the Arab. They're not -- if they don't think they're going to be affected by thanks for the call -- 18774694322. Good ol' boy network yeah what a TrailBlazer -- whole cabinet does ex Goldman Sachs 1% owners I mean. If there's anybody I mean this has any body -- their very few people in this country that have had an easier time of but it had more hand it to them and Barack. Obama I mean see -- part about the good old boys I mean he's he may be a good new boy boy at it's the same thing. Mean he everything is handed to -- he's heated -- though. Why don't we know is SATs why don't we know what is now -- say these war why don't we know what is great war I think we all know the answer to back question. It's because he he didn't deserve to go to these colleges he got -- for the same reason Elizabeth Warren. Was hired at two Ivy League law schools. John your next Wear cowboy cargo -- job. Libyan Martha Stewart -- and myself but my lawyers didn't hold out for few more years -- England. I picked up about being convicted for lying. Without really getting everything or -- area. -- -- Yeah I felt I know she did she really did get screwed that she when you look back product. What you think about it just that a lot of you don't really get up or lying OK can't be made up. And that's like the hot -- it's just that made. Much amateur I I did have these people lying. But most of them tend to be my political opponents so I'm kind of glad they stop this statute unconstitutional. In today's digital age. That's why they get on top of these people like. Content you know why lights and and it's like an important a couple of them all -- You just. Do you get out there and give it to a lie then what they'd do it. Yeah it's it's almost like it's a test of your intelligence that the you know if you feel like today you're right I mean. Your very stupid collide today right because you're gonna get -- I think a lot of bomb -- -- Otherwise what is it was that we -- -- one thing here and actors wouldn't let him do yeah I would bet a lot more closely. Our thanks I gotta I gotta stop you there -- will run a time -- how we are. It's. -- -- 1877469432218774694322. We're talking about the stolen valor act of being thrown out by the Supreme Court yesterday 62 rate. ACLU said the First Amendment reserves to individual citizens not the government the right to separate what is true for what it's false to decide what I do is to introduce and private conversation public debate. Unless of course you're indicted for perjury. And by the way you you can not knowingly hell -- good two way via federal agent right. That's with the it's. Big story we talked about last month in the Wall Street Journal -- a woman who was looking at twenty years because she supposedly pulled a lie about something wanna for employees had did they had done. During a whale watch. Whether he had -- blown some blown whistle to get those whales all excited and jump up and down the water. Ensures that twenty years because she told a falsehood that the two at the two via federal agents were questioning. Which was under -- just against the law period why to a federal agent. It's makes me think twice about ever speaking to -- a member of law. The federal law enforcement. Many veterans organizations expressed dismay saying that criminal prosecution was the only way to deter false claims about military awards the act call for fines and imprisonment of up to one year. So another gonna introducing new war a new bill. A bill that would make it illegal to knowingly misrepresent met -- military service with the intent of obtaining anything of value was introduced in congress last year by representative -- -- Republican of Nevada. -- -- it's certainly a political offices something that he was it not. 18774694322. But what is and -- knowingly representing military service I mean is you know I mean again. You -- -- -- Blumenthal was in the Garden City was in Vietnam he wants them that's okay I would say that probably would fall under the under the category of a crime but what about -- mean Harkin flew planes he flew planes in the in the in the -- in the theater -- theater where the war was being fought. So immediacy issue what he should he be prosecuted. 1877469432. To John your next with how we -- go ahead John. Yet it will now you talk with someone else decides whether or not you can get to Indian audience -- -- Or else. I know these people. I don't understand it all these people think they're gonna be immune you know whether they go to Harvard Law School or or whether they're just you don't -- backs are -- around. House. The only I did yesterday's news. After I found it deductibles don't have the Korea and and my monthly payments went up another sixty box and not. And and you know like -- want an opinion. And that the government involved protect. Alison why you admit that I am about the type of people who want to that the public people why about the military service. Seem to be more Democrats than Republicans don't they take the military. I think that goes back to the Indians feel. I actually called job 1877469432218774694322. Understand some people who boy you know war who were actually likes served in the military and just never saw combat or they weren't Japan. And they wanna call themselves Vietnam veterans and why I don't think his call -- Vietnam era that it's a mute some people get tripped up on things that things that. It doesn't seem that they gain that much from it you know I I don't know while you're the -- they they they wore the uniform they they were in the theater. Why do they have to go to that one step forward one step. You on 18774694322. Let's see here the seven a one. Dave has the perfectly yes same racist rant all shows like hear him every day while working as a salesman on the road and what's he doing all day EBT. Keep up the good work. Why did you see the he's he he says he's white I mean he he's -- he doesn't work. What is his problem with the society as the I mean he's he's he's obviously he's you heard there either dad gave him a pension or -- Or were the state gave them penchant Derek your next with how we cart. On auto focus is somebody else -- aggregates. 1877469432. To jog your next with how we cargo ahead John. Go ahead John. -- -- -- -- My age I'm impressed and I just it's especially your -- maritime and politically involved and it's a meeting memory and among Republican town committee. And that I I'm grateful and -- -- -- come writes it when I grew up about what's going on our country. Well I mean John all you gotta do is tell you did your best right I mean you know win a winner losers like you -- As long as you fought the good fight and and me and gave it your best shot web and what's the problem. I know I don't know. It's still like heading into lived through the great -- there evaded the -- You know you know what John I'm a lot of all the the new but you know sometimes I'm watching them I feel sometimes I feel the same way. And it's a -- it's a goofy thing to say but I feel like that way when I'm watching these movies from the forties I feel like I missed a great years of the country. -- and it is is that -- you feel sometimes. The way it feel I'm dragged underwater on right now I get I. I got I don't believe me I voted for Monte sticker -- -- Harris got brand -- and it Ronnie sticker and people flipping me off on the sidelines. -- I'm nineteen years older people -- opening up. There are a lot of moon bats in Watertown John you know that. I know that believe it over revered yet my aunt -- terrorists. -- Thanks for the call jobs 18774694322. At stopping and a conservative kid Massachusetts Hampshire about car.

