The U.S. District Court in Colorado ruling in the case of  US v. Strandloff, has found the “Stolen Valor Act,” 18 U.S.C. § 704(b) & (d), to be an unconstitutional infringement of free speech.  Rick Strandloff represented himself as a wounded decorated Iraq War veteran in order to rally support for veterans and opposition to the war. The original Stolen Valor Act of 2005 criminalized the wearing of military medals an individual was never awarded; later, it was expanded to included the crime of falsely saying or writing that one has been given military honors for valor. The Act says, in part, that it is a crime to…

…falsely represent [oneself], verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item …

Deciding an issue like this inevitably comes down to both law and ethics. Not all speech is protected by the First Amendment, and deciding how many kinds of speech we can sensibly and reasonably prohibit requires a court and a culture to think about just how bad—how wrong–certain kinds of speech may be, based on their actual and potential harm. Continue reading →