Since 2005, there has been an increasing call for the protection of U.S. military veterans’ achievements in combat or non-combat services. The Stolen Valor Act, revised in 2013, is legislation making it illegal for persons to gain monetarily from the fraudulent representation of military decorations or service. The bill passed both houses of Congress with significant majorities and was signed into law by President Obama.
In the past, there have been instances of individuals falsely reporting military service and decorations in political campaigns, on job applications, or actually selling the decorations themselves. In response to a firestorm of outrage, Congress passed the first version of the Stolen Valor Act in 2005, making all such acts a felony.
A summary of the law’s history, posted by Military.com, states that the original 2005 version of the act was struck down by the Supreme Court on First Amendment grounds. While the 2013 law narrows the definition of stolen valor, it does provide much-needed protection against those who would profit from the military service of others.
In the above-mentioned summary, the distinction was articulated by John Stovall, director of national security and foreign relations for The American Legion. “[W]e supported the amended version, not to infringe on anyone’s First Amendment rights but to protect the reputation and meaning of the decorations.”
It is no surprise that the subject is fraught with sensitive issues. The Facebook page on this topic is filled with passionate opinion and links to articles on stolen valor. The questions which pose a tricky Constitutional dilemma are: What is considered protected speech, and when does lying–broadly protected by the First Amendment–cross the line into fraud?
