Judge rules Stolen Valor Act unconstitutional

Judge rules Stolen Valor Act unconstitutional

By Dan Elliott - The Associated Press
Posted : Friday Jul 16, 2010 19:14:54 EDT

DENVER — A law that makes it illegal to lie about being a war hero is unconstitutional because it violates free speech, a federal judge ruled Friday as he dismissed a case against a Colorado man who claimed he received two military medals.

Rick Glen Strandlof claimed he was an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star, but the military had no record he ever served. He was charged with violating the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal.

U.S. District Judge Robert Blackburn dismissed the case and said the law is unconstitutional, ruling the government did not show it has a compelling reason to restrict that type of statement.

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.

Strandlof’s lawyer didn’t immediately return a call.

The law has also been challenged in California and a case now before the 9th U.S. Circuit Court of Appeals.
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Judge rules Stolen Valor Act unconstitutional


Also on Stolen Valor

Vet who faked medals, ID still in custody

The Associated Press
Posted : Friday Jul 16, 2010 8:32:39 EDT

SAN ANTONIO — A 39-year-old Army veteran who faked being a military hero will remain in custody until a judge in San Antonio decides whether to revoke his probation.

Brian Culp, who served two tours of duty, had faced six months in prison on charges of falsely claiming a Purple Heart, falsely claiming a Bronze Star with valor and creating a fake ID that gave him access to military installations.
read more here
Vet who faked medals ID still in custody