Wearing military honors is a protected transaction

 

The New Yorker has an interesting story that sheds light on how we think of honorable or exceptional military service, and how claims about it are not so easy to verify and are (therefore) sometimes made falsely in public ways. (The story focuses on a Republican primary campaign for sheriff in a Texas county, in which both candidates lied about their military service.)

 How to Spot a Military Impostor--The detectives who investigate fake stories of military service use many tools, including shame.  By Rachel Monroe

"Politicians lie to get us into wars; generals lie about how well things are going; soldiers lie about what they did during their service. In 1782, when George Washington awarded ribbons and badges to valorous Revolutionary War troops, he was already worrying about pretenders. “Should any who are not entitled to these honors have the insolence to assume the badges of them they shall be severely punished,” he wrote. When Walter Washington Williams, thought to be the last surviving veteran of the Confederate Army, died, in 1959, President Eisenhower called for a national day of mourning. It turned out that Williams had fabricated his service, and that the second-longest-surviving Confederate soldier probably had, too. In fact, according to the Civil War historian William Marvel, “every one of the last dozen recognized Confederates was bogus.” But it’s only recently that lying about military service has been considered a particularly heinous form of lying, one with its own name: stolen valor.

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"...wearing an unearned military medal was against the law, but there was no particular consideration given to lies about military service; the same chapter of the federal statute also made it illegal to proffer a fake police badge, pretend to be a member of 4-H, or misuse the likeness of Smokey Bear. That began to change in 2004, after an Arizona man was featured in a local newspaper as a highly decorated veteran who had, among other improbable exploits, assisted in the capture of Saddam Hussein. Sterner helped expose him as a liar, but he was frustrated that there was no criminal penalty. It wasn’t illegal to lie about a medal—it was only when you pinned it on your lapel that you broke the law.

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"The Stolen Valor Act of 2005, written in part by Pam Sterner, was introduced the year that millions of filmgoers watched “Wedding Crashers,” in which Vince Vaughn and Owen Wilson’s characters lie about being Purple Heart recipients. On September 7, 2006, the act, which made it a federal crime to falsely claim receipt of a military award or decoration, passed in the Senate by unanimous consent; President George W. Bush signed it into law soon afterward. But, six years later, in United States v. Alvarez, the Supreme Court ruled in favor of Xavier Alvarez, a water-district official in Southern California, who had been convicted of lying about receiving the Medal of Honor. (Alvarez had also falsely claimed to be a professional ice-hockey player and to have been married to a Mexican movie star.) The Court found that the Stolen Valor Act violated the First Amendment. Congress passed an amended statute, which made it illegal to fraudulently wear medals, embellish rank, or make false claims of service in order to obtain money or some other tangible benefit, making stolen valor an issue of fraud rather than of speech. "