ldsuttonjr Loc: ShangriLa

US court: Wearing unearned military medals is free speech
PAUL ELIAS,
SAN FRANCISCO (AP) — A federal appeals court on Monday tossed out a veteran’s conviction for wearing military medals he didn’t earn, saying it was a form of free speech protected by the Constitution.

A specially convened 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the First Amendment allows people to wear unearned military honors.

Elven Joe Swisher of Idaho was convicted in 2007 of violating the Stolen Valor Act, which made it a misdemeanor to falsely claim military accomplishments. President George W. Bush signed it into law in 2006, but the U.S. Supreme Court struck it down in 2012 as a violation of free speech protections.

Investigators looked into Swisher’s military claims after he testified at the 2005 trial of a man charged with soliciting the murder of a federal judge. Swisher wore a Purple Heart on the witness stand.

Swisher testified that David Roland Hinkson offered him $10,000 to k**l the federal judge presiding over Hinkson’s tax-evasion case. Swisher said Hinkson was impressed after Swisher boasted that he k**led “many men” during the Korean War.

Prosecutors say Swisher enlisted in the Marine Corps a year after the Korean War ended but was never wounded in the line of duty. Swisher was honorably discharged in 1957, and discharge documents indicate that he didn’t receive any medals, according to the 9th Circuit ruling.

During his 2007 trial, prosecutors showed the jury a photograph of Swisher wearing several military medals and awards, including the Silver Star, Navy and Marine Corps Ribbon, Purple Heart, and the Navy and Marine Corps Commendation Medal with a Bronze “V.”

Swisher’s attorney Joseph Horras of Boise, Idaho, couldn’t immediately be reached for comment Monday.

After the Stolen Valor Act was struck down, Congress passed a new law making it a crime to profit financially by lying about military service. President Barack Obama signed it in 2013.

After Swisher’s conviction, Congress removed a provision making it illegal to wear unearned medals.

If you keep this s**t up you want have enough sheep dogs to protect your stupid asses!

Liberty Tree

The ninth circuit is the most ELWNJ one in the country. It is also the one most overturned on appeal.

iFrank Loc: San Antonio

Obamas has all the stupid people thinking it's all right to act up with these kind of stupidities, he's the reason that this country have degraded from common sense. Now what will happen when a retired soldier has distinguished metals , I probably won't acknowledge them because of doubt and I don't like "saluting" f**e american....birds of a feather, huh!!

lpnmajor Loc: Arkansas

I suppose that Veterans need to take a page from the medical profession - and self regulate. That may entail an axe handle and camouf**ge paint, or some similar methodology - but it won't be long before the word gets out about what will happen if one decides to exercise the free speech of f**e heroism.

Medals are a piss poor return for the blood, flesh and peace of mind sacrificed for one's country, but by God they are EARNED, therefor, should ONLY be worn by those that did. To my mind, anyone caught ( by whoever ) wearing unearned awards, should be given an opportunity to earn that award. You know, airdropped into Syria, Afghanistan or Iraq, to face the "free speech" exercised by our enemies - and see how THAT works out. BTW, I'd send that judge right along with them, to get a different education about what the "free" in free speech costs, so that ( assuming they survive ) they'd have a different attitude about the real value of those little pieces of cloth and metal.

But I'm sure that's just me.

Pulfnick Loc: Knoxville, TN

From personal experience, I've learned to discount medals (other than "I've been there" medals) unless I personally know there was a valid reason for which they were awarded. Many medals are well deserved. But unfortunately medals are too often a privilege of rank or the product of a s**m, with notable exceptions of the Medal of Honor and the Army's Combat Infantryman Badge. Even Purple Hearts are occasionally awarded for f**e injuries - John Kerry being the poster boy for this.

After being pulled out of the bush following extended heavy combat that cut our ranks by more than half, I've had to stand in formation (with most of us wearing bandages) and watch a senior administrative officer awarded the Soldier's Medal (highest non-combat medal) for putting out a fire in a filing cabinet, while none of us in formation were awarded anything. That's the way medals can be awarded. We used to say "A star isn't worth a cup of coffee" as the true value of medals became apparent. Don't mean nuth'n.

Liberty Tree

Do you remember the scene in The Karate Kid when Daniel was talking to Mr. Miagi about a medal he had been awarded? Mr. Miagi pointed to his heart and said this says you are brave. He then pointed to the medal and said this says you are lucky. Some of the bravest never got a medal.

Louie27 Loc: Peoria, AZ

The ninth circuit court of appeals is known by their ultra left views and the judges should be replaced by people that believes in the Constitution and laws of this country and not try to change the laws just because they do not believe in them.