Fake Heroes Beware: Court Rules Wearing Unearned Medals Is a Crime

Court Rules Wearing Unearned Medals Is a Crime
Stars and Stripes
Oct 31, 2014

Lying about receiving a military medal is protected speech, but there's no right to wear a combat decoration that hasn't been earned, a federal appeals court said Wednesday.

The difference, said a divided panel of the Ninth U.S. Circuit Court of Appeals, is that lying is speech, but wearing a medal is conduct, according to a report in the San Francisco Chrnonicle.

The decision in an Idaho case returned the court to a controversy that led to a 2012 Supreme Court ruling and a rewriting of the law by Congress in 2013.

The defendant, Elven Swisher, served in the Marine Corps from 1954 to 1957, the Chronicle reported. In 2001, he applied for disability benefits, claiming he had been wounded in a secret mission to North Korea in 1955, after the Korean War ended. The Department of Veterans Affairs granted the request in 2004 after Swisher submitted what appeared to be a military document saying he had been awarded a Silver Star and other medals for his actions.
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