Stolen Valor: Challenges to Fake Medals Met with Criticism

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Veterans Say Lying About Military Medals Is Not a Free Speech Issue as Claimed in Court

By Sarah Netter ABC News

At a time when returning soldiers are regarded as national heroes and the number of war dead continues to rise, lying about medals affixed to a military uniform is seen as a lie so foul, it is criminal.

A Texas man is caught posing as a highly-decorated soldier at a public event.

It is being challenged now in federal court. Xavier Alvarez, a California man convicted in 2007 of falsely claiming to be a decorated Marine, is asking the U.S. Court of Appeals to overturn the conviction and rule the Stolen Valor Act unconstitutional. A ruling could come at any time.

Most legal experts think he will lose. But he argues that his right to free speech — even his right to lie — is protected by the First Amendment.

“It’s no more free speech than yelling ‘Fire!’ in a crowded theater is free speech,” Georgetown University law professor Gary Solis told ABCNews.com.

Alvarez was a member of a California municipal water board when he claimed at a 2007 meeting that he was a former Marine with 25 years service and that he had been awarded the Congressional Medal of Honor, the highest military honor awarded by the U.S. government. He is now in prison on an unrelated conviction for insurance fraud.

“I’m not going to defend what Mr. Alvarez said. It was wrong,” Deputy Federal Public Defender Jonathan Libby said. “The First Amendment is supposed to mean something.”

Read more at  ABC News

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