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A Federal Law Against Lying
· Sunday, August 22, 2010
In 2005, Rep. John Salazar, D-Colo., sponsored the Stolen Valor Act that made it a federal crime to lie about receiving military medals or honors from the military. Breaking the law could lead to a fine and a sentence of six months. Lying about being awarded the Medal of Honor, a Purple Heart or other top honors could carry a prison sentence of up to one year.
In 2006, the bill passed easily through the House and unanimously in the Senate. Last week, however, the Stolen Valor Act ran smack into the Ninth U.S. Circuit Court of Appeals -- insert your favorite Ninth Circuit joke here.
A three-judge panel in San Francisco ruled that the law violates the First Amendment and is unconstitutional. Consider this tale the latest example of how impossible it is to get a simple law enacted, prosecuted and upheld in the American criminal justice system.
The beneficiary of the court's ruling: One Xavier Alvarez, the first known man to be charged and convicted for breaking the new law. In 2007, as a newly elected Three Valleys Municipal Water District Board member, Alvarez announced publicly, "I'm a retired Marine of 25 years. I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got wounded many times by the same guy. I'm still around."
As U.S. Court of Appeals Judge Milan D. Smith noted, Alvarez never served a day in his life in the military, never was awarded a medal and has a rich history of telling lies about himself -- also having claimed falsely to have played pro hockey, to have worked as a cop and to have been married secretly to a Mexican starlet.
Alvarez is now serving a five-year sentence in state prison for misappropriating public funds by signing up his ex-wife for health insurance benefits.
Before the state conviction, Alvarez pleaded guilty to one count of violating the Stolen Valor Act and was sentenced to community service and probation and a $5,000 fine. Unfortunately for the taxpayers, Alvarez retained the right to appeal the law. A spokesman for the California Central District U.S. Attorney explained that conditional plea agreements are not unusual for convictions with "novel legal issues."
The approach paid off. As Smith wrote, if the courts upheld the law, "then there would be no constitutional bar to criminalizing lying about one's height, weight, age or financial status on Match.com or Facebook, or falsely representing to one's mother that one does not smoke, drink alcoholic beverages, is a virgin, or has not exceeded the speed limit while driving on the freeway. The sad fact is, most people lie about some aspects of their lives from time to time."
It was of special concern to the court that the Stolen Valor Act imposes a criminal penalty "for the mere utterance or writing of what is, or may be perceived as, a false statement of fact." The law isn't limited, for example, to lies on job applications, but lies anywhere. For Americans wary of the government acting as thought police, Smith laid out a compelling argument. But in so doing, he essentially held that lying about yourself is a free-speech right.
Judge Jay Bybee wrote a spirited dissenting opinion in which he noted, "I can see no value in false, self-aggrandizing statements by public servants ... If the Stolen Valor Act 'chills' false autobiographical claims by public officials such as Alvarez, our public discourse will not be the worse for the loss."
"From a nonlegal perspective, I don't necessary disagree with that," Alvarez attorney Jonathan Libby told me. But as an attorney, Libby said he believes the new law "is beyond the Constitution."
George Washington University law professor Jonathan Turley made a similar argument in a piece for USA Today. Turley didn't disagree with those who would call Alvarez and others "valor thieves" and "semper frauds." He wrote, "We can all agree that false claims of military honors are repugnant and worthy of social condemnation. These men deserve to be social pariahs, but there remains a serious question over whether they deserve to be criminal defendants."
I should point out that if Alvarez had lied about his military record for financial gain, then other laws would have taken care of him nicely.
And: Smith, Bybee and Judge Thomas Nelson were appointed by Republican presidents, so you could call this issue an honest, if spirited, disagreement inside the right.
As Libby noted, "The point of the case was whether Congress, consistent with the First Amendment, can pass a law determining what lies are criminal and what lies are not."
For his part, Bybee argued that knowingly false statements deserve no First Amendment protection. But in this complicated age, nothing is simple. Think about it. I don't think this lying, cheating poseur would have been caught if he hadn't won an election.
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Eric
Lying should be penalized similar to perjury. To intentionally mislead someone as to your identity or accomplishments deserves more than just social disapproval.
Posted August 22, 2010 at 2:32:31 AM
G. R.
So, according to Smith's logic, I can go into court, lie about myself and not be a perjurer. I'm just exercising my free speech right! Craziness!!
Posted August 22, 2010 at 3:06:20 AM
Bruce
You can't legislate morality - or honesty. A law will never ensure that you can believe anything or everything you hear. Responsible people don't make unsubstantiated assumptions when it counts. But every cause has an effect, every choice a consequence. Tell a big enough lie at the wrong time and place and you will suffer for it.
Posted August 22, 2010 at 6:04:26 AM
Chad
You missed the opportunity to report on one of the greatest liars of all time, President Hussein. He promised to uphold and defend the Constitution. Time and again he has ignored, denigrated, and now completely twisted it to carry out his own pro-muslim, anti-Israel/US agenda. But since his minions control our government, his allies the legislatures, and his kindred spirits many of our courts, there is no blasphemy he can't and won't commit.
Posted August 22, 2010 at 8:11:58 AM
Jimmy D
We have enough crimes to fill all our dockets for a millenia. If we add lying to the mix, the sun'll be out before we get through them all.
Less government means fewer laws.
If the people are too weak minded to call a liar out what good will a new law do?
Posted August 22, 2010 at 9:43:07 AM
David Ross
Why, then, is lying to the FBI a crime? I understand that lying after taking an oath to tell the truth is a criminal act, but this is different.
Posted August 22, 2010 at 9:48:40 AM
Bob W
A proposed law, the Enumerated Powers Act, sponsored by Rep. John Shadegg will force Congress to re-examine the role of the national government.
In light of our national government's blatant unconstitutional oversteps, let's support the congressman by contacting our representatives and asking them to sign on, and pass into law, this needed checks and balances on an out of control, over-spending, and unresponsive to citizen’s demands elected parliament.
We need to put the president, senate, and congress on notice and "in their places” before it is too late.
Please send to friends, family, neighbors and others to support this compulsory proposed law.
Posted August 22, 2010 at 10:42:41 AM
MARINE
I have a close freind who was at the I Drang Vally in 1965 and wounded. He can not document his injuries as the records can not be found. The Viet Nam war was one of the most un-documented wars in History, it's papers are buried in warehouses somewhere and no one knows what went where. I tried for five years to locate my personel documentation and medals "given" to me upon discharge. The only records available are through the NPRS, and they only contain information on Gov't. forms with a Dep't. of Defence number on them. Any official letters of recommendations were "purged" when they changed from Micro-Fish to computer in 1973, as stated by the National Personel Records Section. I have worn my medals, until Hq. Marine Corps notified me that they could not document my request for authorization, even though I gave them sworn letters of actual witness'. I have not removed them as of yet but I will before I wear the uniform again. Those medals are not worth Desicrating my uniform. It's easy to verify some ones military service as to whether they served but thats as far as it goes. You can document someone "did not" do something but not the other way around, as with the Congressman from Connecticut just found out.
Anyone who claims to "have done" such as Alverez is disgraceful. Any Combat Vet can tell who's lying. One of the most used references is they served in the 5th Navy Seals. On the other hand former Gov. Jesse Ventura was awarded the Viet Nam Service Medal, when he never served in Viet Nam, you must have been there to get it. John Kerry basically awarded himself his medals, as he was in command. The Vets who served with him, along with The Vets Against Kerry proved he was not worthy of the medal. This has happened with a few Congressmen who were awarded medals they did not deserve, I guess for Political reasons.
Posted August 22, 2010 at 11:24:57 AM
JJStryder
All this would be nice if, in fact, there was a social stigma to lying.(I would add a list here but it would be too long) But there couldn't be based on the number of frauds we have serving in a variety of public offices.
Those who would lie about experiences in combat that never happened have a screw loose somewhere. Don't prosecute them, but certainly don't elect them!
Posted August 22, 2010 at 12:19:45 PM
Jsmith
The judge would feel differently if someone were lying in his courtroom. I feel lies should not be protected speech -- and we all know there are limits on free speech (including famously the non-right to yell "fire" in a shouted theater). This nutjob lied because he felt it gave him an advantage he did not otherwise have -- that was the value behind his lie the judge was unable to find.
Posted August 23, 2010 at 8:15:01 AM
Talman
So what happens to Blago under this? He lied to the FBI.
Posted August 23, 2010 at 8:50:03 AM
DC
There is a difference between committing perjury or fraud and lying about your past accomplishments. As long as the latter doesn't fall into the former, it is unconstitutional.
Posted August 23, 2010 at 1:54:08 PM
Dave
We've already taken away all penalties for adultery. Even divorce has become "no-fault". Are we now going to reinstitute the old penalties due to the fact that adulterers lied when they took their marriage oath (ie... Forsaking all others, and 'Til death do us part')
This is just one of thousands of areas that are obviously up for grabs if lying becomes illegal. Let's get real.
Marriage SHOULD be protected, since it is the single most important social contract we have, but since the courts have ignored it for over 40 years are we really going to finally do the right thing, and enforce the laws that keep marriage viable?
Somehow I doubt it.
Lying is vile, as are lairs, but it isn't a crime to do it, nor should it ever be. Keep Government out of our thoughts, and let's let people be people, even if that means we get slimey ones in our lives from time to time.
Posted August 23, 2010 at 3:46:08 PM
Texan
This whole lying is a crime thing is a catch-22 load of crap for every American. The authorities can lie their asterix off to obtain a confession or trick a suspect into a mea culpa, but let a citizen be less than completely forthright and he's a criminal. And we're not talking about being under oath either. Don't perfectly remember every excruciating detail of an event? Congratulations, you get to go to jail for lying. Have an account that conflicts with where the authorities want the evidence to lead? LIAR!!!
Unless someone is under oath there should be no "LEGAL" requirement to be truthful about anything to anybody. So Mr. What's-his-name lied about his service. So what! He was exposed and his reputation will suffer for it.
If you're going to make lying a crime then good luck finding an untarnished jury for that trial. Like there's really 12 men out there who'll tell their wives the truth about how big that dress makes their butt look. Please!
Posted August 23, 2010 at 5:42:36 PM
Mark
While Mr Alvarez is a dispicable liar, the court was correct in their judgement.
Anyone can say anything about themselves, whether it be about their personal life or their professional credentials. Unfortunately, it is up to the listener or the HR manager or, God forbid, THE VOTERS and THE MEDIA, to properly vet the candidate. Mr Alvarez claims to have earned the Medal of Honor in 1987. In what combat action did this occur? Did anyone bother to ask? Did any voter check the facts? How about a veteran's organization? What about the media? Apparently no one did. I'm certainly not suggesting that Mr Alvarez be given a pass. I'm a 20-year retired NCO and believe that Mr Alvarez is pond scum for trying to claim a false military record and an even more false heroic deed. While I detest that it seems that anything a candidate can say about him or herself should be taken as fact, there is an equal responsibility by the voters and the media to know who they're voting for. Anyone could have easily discovered the facts long before the election and, had they done so, Mr Alvarez would have been out of contention before the first campaign ad would have completed airing on the television. Some of the other posters are correct - had Mr Alvarez used a false military record to get a job, enroll in school or try to get government benefits, he would have been found guilty of fraud, which IS punishable in a court of law. And to answer several other posters' questions, it is illegal to make false OFFICIAL statements to the police, FBI, or to make false statements in a courte WHILE UNDER
OATH. Mr Alvarez didn't do any of those things. He simply lied to the voters and the media and they all bought his story without checking the facts.
Posted August 23, 2010 at 7:18:04 PM
Howard Last
He was only following in the footsteps of kommandant klinton. Remember the old joke, how do you know when a politician is lying, his lips are moving.
Posted August 23, 2010 at 8:46:34 PM
Bruce
If there were indeed a valid law against lying ... the entire political system of the United States would fall apart. Lying is an every day occurrence to politicians.
While I agree totally with the sentiment of the Stolen Valor bill, I also agree it is un-enforcable as unconstitutional. The first tipoff this clown Alvarez was lying would have been the "Congressional' Medal of Honor. There is no such medal. Though awarded in the name of Congress, the medal is and always has been simply the MEDAL OF HONOR. So let the poseurs have their delusions, laugh at them, humiliate them in front of others. Then walk away.
Posted August 24, 2010 at 11:17:14 AM
Texan
With all due respect Bruce, the "CMH" is officially known as the Conressional Medal of Honor as well as being referred to simply as the "Medal of Honor". Although it's awarded in the name of congress as far as I know it is presented only by the President, so one could agrue it should be called the Predidential Medal of Honor. Go figure.
The point being this scumbag was exposed for the liar he is and his reputation will suffer the appropriate consequences. He demonstrated the ultimate act of stupidity by claiming membership in what is a very exclusive club. You don't have to dig to deep to prove his lack of honor.
Posted August 24, 2010 at 1:42:59 PM
ChuckL
How is claiming a group of military honors in a political race not using the lie for financial gain?
Posted August 24, 2010 at 3:45:21 PM
pete
If what the courts say is how it shall be, I suggest others exercise THEIR free speech rights and announce to the world that any and all false claimant is a phony. State facts and figures the contradict the claim, and let the public do what they will.
And maybe hope there's enough tar and feathers to go around.
Posted August 24, 2010 at 7:53:12 PM
Gary
It is a sacrilege for someone to claim they were a recipient of the CMH, however it is a VERY slippery slope once we start legislating things like lying. Frankly, I believe the problem is societal and not legal and I simply do not want the government so involved in anyone's life to be able to punish them for lying, even if it an enormous egregious lie. How about society react so strongly that it is just not lucrative to lie. Or better, how about we become so repulsed by these sort of lies that we ostracize those who do it and spend some time teaching our children the value of honor and truth.
Posted August 25, 2010 at 6:30:58 AM
ChuckL
How is it possible to determine that telling a lie for personal gain is not theft?
It makes one wonder just what lie this judge is readying for his personal gain, doesn't it?
Posted August 28, 2010 at 1:50:04 PM