Denver appeals court weighs military impostor law

U.S. Court 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

    U.S. Court 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

    U.S. Court 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

    U.S. Court 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 ...

Our Eugene Oregon Bankruptcy Practice

Since 2005, Erin Uhlemann has helped individuals and families facing financial difficulties file for bankruptcy relief. Erin's compassion and understanding of the law have helped hundreds of Oregonians achieve a financial fresh start. She started Willamette Valley Bankruptcy to focus on helping clients with bankruptcy and debt issues in the Lane County Area. Erin understands that choosing a bankruptcy attorney who makes you feel comfortable and confident can be as difficult as deciding whether to file a bankruptcy case. Because she knows that filing bankruptcy is not something that you planned to do or look forward to doing, Erin strives to make the process as easy as possible.

Because most people facing bankruptcy do not have extra money to pay fees, Willamette Valley Bankruptcy offers low upfront fees and will work with you to set up affordable payment plans to pay attorney fees and court filing fees. Consultations are always free so that you can get the answers you need before making any sort of financial commitment. If you have questions about attorney fees and payment plans, you can call or email today to get these questions answered.

Business News

Cook County IL Trucking Lawyers We are one of Cook County's leading Workers’ Compensation firms. Illinois workers’ compensation, transportation lawyers. >> read
Santa Ana, CA Workers' Compensation Lawyers We are one of Orange County’s leading Workers’ Compensation firms. >> read