Fake MoH: First ammendment claim didn't work

[CommunityEditor]

An elected official charged with falsely claiming he earned the military’s highest honor has filed a motion to dismiss the federal case against him on free speech grounds.

The motion argues that the Stolen Valor Act of 2005, under which water board member Xavier Alvarez was charged, is incompatible with the First Amendment because it restricts free speech by criminalizing false claims of military honors.

Alvarez, an elected representative to the Three Valleys Municipal Water District, said last year at a water district meeting that he was awarded the Medal of Honor for his deeds as a Marine.

After admitting he never served in the military, he was charged with violating the Stolen Valor Act. He pleaded not guilty to the misdemeanor charge.

Alvarez’s lawyer Brianna J. Fuller argued in the motion to dismiss, which will be heard Jan. 14 in federal court, that “protecting the reputation of military decorations” is not a compelling enough reason to place “restrictions on false statements.”

But government prosecutors said in their opposition submitted Wednesday that the First Amendment does not protect deliberate falsehoods.


Article: http://www.militarytimes.com/news/20...speech_080104/

[The Universal Curmudgeon_guest]

Originally Posted by CommunityEditor

[i]An elected official charged with falsely claiming he earned the military’s highest honor has filed a motion to dismiss the federal case against him on free speech grounds.

This case is the thin edge of the wedge - a wedge that threatens to destroy "Democracy As We Know It'.

If we stop politicians lying about "little, non-political" things like this, then the next thing you know they are going to be facing adverse consequences if they tell bigger lies about political things.

Going down that road will doom the electoral system that we all know and love.

These charges MUST BE quashed IMMEDIATELY before our society is DOOMED.

[Measure Man]

Not sure who is the bigger moron...Mr. Alvarez or his lawyer.

What a dumb argument to make...the first amendment does not allow you to commit fraud.

He would have been better served to plead guilty, resign is post...and take his lumps. Now, he just looks like a complete imbecile to even make this argument in court.

[CommunityEditor]

Update: Another charge over bogus Medal of Honor claim (http://www.militarytimes.com/news/20..._faker_080114/)


Federal prosecutors say an additional charge is being filed against a Pomona water board member who allegedly lied about being a Medal of Honor recipient.

Xavier Alvarez, one of seven elected members on the Claremont-based Three Valleys Municipal Water District board, allegedly made the claim during a public meeting last summer.

The 49-year-old Alvarez, who now admits he never served in the military, was charged with a misdemeanor in September for violating the Stolen Valor Act of 2005.

Federal prosecutor Craig Missakian says records of a second meeting show Alvarez making the medal claim while soliciting an endorsement when he was a candidate for mayor of Pomona two years ago.

A court hearing is set for Jan. 22.

One of our 'Old School' credos’ is that a man is only as good as his word. Alvarez, as a person, has shown the veracity of his word. As a politician he should be removed from office. Politicians should awake to a new set of marching orders. Since the vast majority of us are now no longer uneducated farm hands we no longer require political leaders. What we need are civil servants that carry out the will and directives of the people. I for one am too busy to attend to the daily activities government functions. That is why I've hired people to do it for me through the electoral process. Unfortunately they often forget that they are hired to serve us.

Originally Posted by The Universal Curmudgeon_guest

This case is the thin edge of the wedge - a wedge that threatens to destroy "Democracy As We Know It'.

If we stop politicians lying about "little, non-political" things like this, then the next thing you know they are going to be facing adverse consequences if they tell bigger lies about political things.

Going down that road will doom the electoral system that we all know and love.

These charges MUST BE quashed IMMEDIATELY before our society is DOOMED.

Wants to wear the MoH, send him to the sand box where he has a chance to earn it.

[CVal]

I cannot emphasize enough how disturbing it is to hear of someone who lies about such things (see also thread on the woman who "helped" her daughter write a fake essay to win concert tickets). People who do this mock those who have served and continue to serve the United States. They especially disrespect those who have given their lives for this country.

Such lies reveal the man's contempt for those who serve and for those who have lost loved ones in service to the U.S.

[gletAF]

Total crap

[PAULCBURTON]

If the 1st Amendment gives an American the right to commit fraud, doesn't the 2nd Amendment give Americans the right to shoot them?

Just a thought.

Semper FI!

Originally Posted by Unregistered

One of our 'Old School' credos’ is that a man is only as good as his word. Alvarez, as a person, has shown the veracity of his word. As a politician he should be removed from office. Politicians should awake to a new set of marching orders. Since the vast majority of us are now no longer uneducated farm hands we no longer require political leaders. What we need are civil servants that carry out the will and directives of the people. I for one am too busy to attend to the daily activities government functions. That is why I've hired people to do it for me through the electoral process. Unfortunately they often forget that they are hired to serve us.

Very well said, and the framers of the US Constitution would agree with you. We were never supposed to have career politicians, but that discussion can be had another day.