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Started By
Message
re: Fake Green Beret Special Forces Marine Corporal Busted In New Orleans
Posted on 4/26/15 at 12:51 am to rebeloke
Posted on 4/26/15 at 12:51 am to rebeloke
quote:
you guys lack the legal acumen
That's a bold statement...
quote:
rebeloke
I think this issue isn't as clear as you may perceive it to be. While there may be valid legislation on the use of active uniforms by civilians, that legislation may very well not be constitutional when applied to certain factual situations.
Yes, the Stolen Valor Act of 2005 and 2013 don't pertain to active uniforms, U.S. v. Alvarez and the revisions of the 2005 Stolen Valor Act in 2013 send a clear message that there are striking 1st Amendment considerations at play. Not to mention the loads of dicta dating back from the 60's and on concerning this issue.
I don't know the exact facts at play in this fake Green Beret situation, so I won't comment on it.
I do know the ACLU would have a field day with 10 USC 771/2 in a number of other situations (hence the lack of prosecution pursuant to 10 U.S.C. 771 and 772).
Posted on 4/26/15 at 12:56 am to stewie
quote:
stewie
Cool acumen, bro.
Posted on 4/26/15 at 1:01 am to stewie
First off the constitution grants someone free speech. So to say something to the effect that you are military or a medal or award winner when you aren't is an exercise of 1st amendment rights. The constitution does not give you the right to undermine national security. So you cannot exercise the use of speech to threaten the President or breach classified or top secret data.
By impersonating a military officer it threatens the security of the public. The same would true of impersonating a postman or police officer.
By impersonating a military officer it threatens the security of the public. The same would true of impersonating a postman or police officer.
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