Intermarkets' Privacy Policy Support
Donate to Ace of Spades HQ! Contact
Ace:aceofspadeshq at gee mail.com Buck: buck.throckmorton at protonmail.com CBD: cbd at cutjibnewsletter.com joe mannix: mannix2024 at proton.me MisHum: petmorons at gee mail.com J.J. Sefton: sefton at cutjibnewsletter.com Recent Entries
Quick Hits
The Regime Vomits Up Two Eleventh Hour Hits on RFKJr. and Tulsi Gabbard "Star" of Fake Captain America Movie: I Don't Think That Captain America Should Represent America, But Instead Good Things Like Truth and Integrity Former CNN Thumb Chris Cillizza: I'm Totally Surprised That Trump Was Right About Covid Origins and Anthony Fauci Wrong; It Just Never Occurred to Me That the President of the United States Might Have Access to Secret Information I Didn't Have More Karoline Leavitt: It's Nice of You to Suddenly Care About the Price of Eggs, But the Increase Happened While the President You Corruptly Covered for Was "Sleeping Upstairs in the Residence" Karoline Leavitt's First Press Briefing Features a Roll Call of the Criminal Aliens The Democrats Protected for Decades and Who Trump Has Now Arrested Sean Duffy Confirmed as Secretary of Transportation Sean Duffy Confirmed as Secretary of Transportation; Karoline Leavitt's Inaugural Press Briefing Features a Slideshow of Now-Arrested Criminal Aliens and Their Crimes Jm J. Acosta Flounces Off CNN, Suggesting That CNN Is "Bowing to a Tyrant" for Shitcanning Him The Morning Rant: Minimalist Edition Absent Friends
Bandersnatch 2024
GnuBreed 2024 Captain Hate 2023 moon_over_vermont 2023 westminsterdogshow 2023 Ann Wilson(Empire1) 2022 Dave In Texas 2022 Jesse in D.C. 2022 OregonMuse 2022 redc1c4 2021 Tami 2021 Chavez the Hugo 2020 Ibguy 2020 Rickl 2019 Joffen 2014 AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published.
Contact OrangeEnt for info:
maildrop62 at proton dot me Cutting The Cord And Email Security
Moron Meet-Ups
|
« Krauthammer and Goldberg Agree The Rules of American Politics Have Changed Fundamentally; But Disagree Sharply On How They've Changed |
Main
| SecDef Gates: Yeah, The Administration Has Been Unclear On Afghan Withdrawal Statements But We've Been Perfectly Clear »
July 16, 2010
Court Overturns "Stolen Valor Act", Lets Lying Bastard Off The HookAnd sadly, I agree with the court. First, the story.... A federal judge in Denver has ruled the Stolen Valor Act is "facially unconstitutional" because it violates free speech and dismissed the criminal case against Rick Strandlof, a man who lied about being an Iraq war veteran. The court's opinion is here (pdff) and it's a relatively short and interesting read. On the government's position that lying about military service isn't protected speech. The government’s argument, which invites it to determine what topics of speech “matter” enough for the citizenry to hear, is troubling, as well as contrary, on multiple fronts, to well-established First Amendment doctrine. See Riley v. National Federation of the Blind of North Carolina, (“The very purpose of the First Amendment is to foreclose public authority from assuming a guardianship of the public mind through regulating the press, speech, and religion. To this end, the government, even with the purest of motives, may not substitute its judgment as to how best to speak for that of speakers and listeners[.]”) (citation and internal quotation marks omitted); see also United States v. Playboy Entertainment Group, Inc., (2000) (“We cannot be influenced, moreover, by the perception that the regulation in question is not a major one because the speech is not very important.”). (Note: I removed some of the court citations to clean things up) There's a lot more and as I said, it's a quick and easy read. A lot of vets are understandably outraged. Jon at This Aint Hell takes issue with the judges contention there are no victims. I think the law would be on better constitutional ground if it stuck to medals and uniforms (though the judge dealt with that by referencing SCOTU's flag burning decision) but once it got into the notion of criminalizing lying to impress a chick at a bar with a load of BS it pretty clearly crossed a constitutional line. A lot of the Supreme Court 1st amendment jurisprudence is a mess but I tend to the side of the speech absolutists (which include Justice Scalia as Gabe pointed out to me). Yes, it can lead to crappy things but I'm a whole lot more comfortable with more things being allowed than the government getting into the business of picking and choosing what's ok. So it saddens me to be on the other side of so many bloggers and vets I respect but I promise that should I find myself on a jury for the trial of a vet accused of punching one of these SOBs, rest assured of at least one not guilty vote no matter what the evidence. Thanks to Gabe for the news link. Oh and just to be clear, this case has nothing to do with attempting to get any sort of benefit based on one's veteran status. Trying to get something from the VA or other government service by lying about being a vet is still fraud. UPDATE: In the comments "I R A Darth Aggie" lays out something I absolutely agree with, the guy should be charged with the underlying fraud involved in the case. Then the state of Colorado should go after him for fraud and grand theft. So far as I know, neither of those are covered by the First Amendment. And if he did any fund raising across state lines? nail his ass with federal charges, too. UPDATE 2: Eugene Volokh, who filed an amicus brief in the case seems to generally disagrees with the decisions but offers up a possible compromise construction of the statute that protects vets and speech. Added (Much Later)... As I keep thinking about this I did a poor job of explaining one key point...given the laws in this country the harm must be particular and identifiable. It's simply not part of ours law to say a group has been harmed or defamed by an action. The idea that someone can 'steal status' is too vague to be subject to criminal prosecution. From whom does one steal it? The court's opinion gets into this in footnote 7. Although the government argues in a different context that false claims to military honors damage the reputation of those awards (as discussed more fully below), it does not argue for application of a defamation-like standard to claims under the Stolen Valor Act. Nor could it, as such “group libels” are not constitutionally cognizable, except in circumstances clearly inapplicable here. I think this case is a terrible test for this law because this guy did real, actionable damage...fundraising based on false claims. The people who gave him money certainly seem to have a criminal complaint under traditional fraud statutes. I would support adding this on to existing crimes as an aggravating factor (for example "aggravated fraud under the guise of being a veteran/recipient of military medal") that might lead to a harsher sentence. | Recent Comments
steevy:
"Oh and remember Trump said no Chinese spy balloons ..."
Trump poisoned my cat: "Tillis needs to go either way, and, yes, if that m ..." [/i][/i][/b][/b]Christopher R Taylor[/i][/i][/b][/b]: "[i]Pistol Pete Pulls Milley's security detail and ..." Allen : "Tillis is human slime. ..." Marcus T: "We call Caroline Kennedy “faccia da figaR ..." steevy: "That fat fuck admitted openly that he ignored the ..." Oldcat: "Apparently Scott Pressler and Dan Bongino have app ..." Disinterested FDA Director: "I think Ol' Thom was ready to vote "No" on Hesgeth ..." Braenyard - some Absent Friends are more equal than others _ : "I've got a book for Caroline, 'The Photosynthetic ..." Cheri: "That biopic that came out about Teddy Kennedy that ..." Judge Punchy: "Apparently Scott Pressler and Dan Bongino have app ..." NaCly Dog: "Deplorable Jay Guevara As Ambassador to Japan, ..." Recent Entries
Quick Hits
The Regime Vomits Up Two Eleventh Hour Hits on RFKJr. and Tulsi Gabbard "Star" of Fake Captain America Movie: I Don't Think That Captain America Should Represent America, But Instead Good Things Like Truth and Integrity Former CNN Thumb Chris Cillizza: I'm Totally Surprised That Trump Was Right About Covid Origins and Anthony Fauci Wrong; It Just Never Occurred to Me That the President of the United States Might Have Access to Secret Information I Didn't Have More Karoline Leavitt: It's Nice of You to Suddenly Care About the Price of Eggs, But the Increase Happened While the President You Corruptly Covered for Was "Sleeping Upstairs in the Residence" Karoline Leavitt's First Press Briefing Features a Roll Call of the Criminal Aliens The Democrats Protected for Decades and Who Trump Has Now Arrested Sean Duffy Confirmed as Secretary of Transportation Sean Duffy Confirmed as Secretary of Transportation; Karoline Leavitt's Inaugural Press Briefing Features a Slideshow of Now-Arrested Criminal Aliens and Their Crimes Jm J. Acosta Flounces Off CNN, Suggesting That CNN Is "Bowing to a Tyrant" for Shitcanning Him The Morning Rant: Minimalist Edition Search
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Primary Document: The Audio
Paul Anka Haiku Contest Announcement Integrity SAT's: Entrance Exam for Paul Anka's Band AllahPundit's Paul Anka 45's Collection AnkaPundit: Paul Anka Takes Over the Site for a Weekend (Continues through to Monday's postings) George Bush Slices Don Rumsfeld Like an F*ckin' Hammer Top Top Tens
Democratic Forays into Erotica New Shows On Gore's DNC/MTV Network Nicknames for Potatoes, By People Who Really Hate Potatoes Star Wars Euphemisms for Self-Abuse Signs You're at an Iraqi "Wedding Party" Signs Your Clown Has Gone Bad Signs That You, Geroge Michael, Should Probably Just Give It Up Signs of Hip-Hop Influence on John Kerry NYT Headlines Spinning Bush's Jobs Boom Things People Are More Likely to Say Than "Did You Hear What Al Franken Said Yesterday?" Signs that Paul Krugman Has Lost His Frickin' Mind All-Time Best NBA Players, According to Senator Robert Byrd Other Bad Things About the Jews, According to the Koran Signs That David Letterman Just Doesn't Care Anymore Examples of Bob Kerrey's Insufferable Racial Jackassery Signs Andy Rooney Is Going Senile Other Judgments Dick Clarke Made About Condi Rice Based on Her Appearance Collective Names for Groups of People John Kerry's Other Vietnam Super-Pets Cool Things About the XM8 Assault Rifle Media-Approved Facts About the Democrat Spy Changes to Make Christianity More "Inclusive" Secret John Kerry Senatorial Accomplishments John Edwards Campaign Excuses John Kerry Pick-Up Lines Changes Liberal Senator George Michell Will Make at Disney Torments in Dog-Hell Greatest Hitjobs
The Ace of Spades HQ Sex-for-Money Skankathon A D&D Guide to the Democratic Candidates Margaret Cho: Just Not Funny More Margaret Cho Abuse Margaret Cho: Still Not Funny Iraqi Prisoner Claims He Was Raped... By Woman Wonkette Announces "Morning Zoo" Format John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia World Muslim Leaders Apologize for Nick Berg's Beheading Michael Moore Goes on Lunchtime Manhattan Death-Spree Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears Liberal Economists Rue a "New Decade of Greed" Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility Intelligence Officials Eye Blogs for Tips They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq Leather-Clad Biker Freaks Terrorize Australian Town When Clinton Was President, Torture Was Cool What Wonkette Means When She Explains What Tina Brown Means Wonkette's Stand-Up Act Wankette HQ Gay-Rumors Du Jour Here's What's Bugging Me: Goose and Slider My Own Micah Wright Style Confession of Dishonesty Outraged "Conservatives" React to the FMA An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear The Story the Rightwing Media Refuses to Report! Our Lunch with David "Glengarry Glen Ross" Mamet The House of Love: Paul Krugman A Michael Moore Mystery (TM) The Dowd-O-Matic! Liberal Consistency and Other Myths Kepler's Laws of Liberal Media Bias John Kerry-- The Splunge! Candidate "Divisive" Politics & "Attacks on Patriotism" (very long) The Donkey ("The Raven" parody) |