Reserve Officers Association
Defending the Stolen Valor Act
Resolution No 10-35
WHEREAS, the Stolen Valor Act of 2005, is a U.S. law (18 U.S.C. § 704) that prohibits the unauthorized wear, manufacture, sale or claim (either written or oral) of any military decorations and medals;
WHEREAS, the Act was passed to address the issue of persons claiming to have been awarded military awards for which they were not entitled, such as earning the Medal of Honor or being a member of special operations units, and exploiting their deception for personal gain; and
WHEREAS, on July 16, 2010, a federal judge in Denver ruled the Stolen Valor Act was "facially unconstitutional" because it violates free speech and dismissed the criminal case against a defendant who lied about being an Iraq war veteran and being awarded a Silver Star medal; and
WHEREAS, on August 17, 2010, in a separate case, a panel of the 9th Circuit Court of Appeals held that the Stolen Valor Act unconstitutional, and the majority said that the harm caused to people by making false statements about military decorations was not evident, and the law went too far; but
WHEREAS, lying about having military medals dilutes their meaning and significance, and the harm is done to everyone who has served gallantly and earned an honor in support of the Armed Forces, and to anyone who ever respected them; and
WHEREAS, George Washington created the Purple Heart, the nation's first military decoration, and wrote: "Should any who are not entitled to these honors have the insolence to assume the badges of them, they shall be severely punished"; and
WHEREAS, in the past, the United States Supreme Court has ruled consistently that the general rule is that false statements of fact are unprotected under the First Amendment;
THEREFORE, BE IT RESOLVED THAT the Reserve Officers
Association of the United States, chartered by Congress, urge the Congress to
update legislation to ensure that the intent of the Stolen Valor law is upheld
should the Supreme Court fail to overturn the lower court decisions.
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