Federal Court Affirms SCOTUS Precedent that 'Stolen Valor' is Protected Speech

image
Published: 12 Jan, 2016
1 min read

The Ninth Circuit Court of Appeals overturned a veteran's conviction Monday for wearing military medals he did not earn, ruling that it is protected free speech under the First Amendment of the U.S. Constitution. The specially convened 11-judge panel affirmed Supreme Court precedent that says people are allowed to wear military medals and claim military accomplishments even if it is a lie.

Elven Joe Swisher was convicted in 2007 of violating the Stolen Valor Act, a law that made it a misdemeanor to falsely claim military accomplishments. The bill was signed into law by President George W. Bush in 2006, but the U.S. Supreme Court struck it down in 2012 as a violation of the First Amendment and free speech protections.

Swisher was investigated after he testified in a 2005 trial that a man tried to solicit him to kill a federal judge. He wore a Purple Heart on the witness stand, a medal given to soldiers wounded or killed in battle.

According to the Military Times, prosecutors say Swisher enlisted in the Marine Corp. a year after the Korean War ended, was honorably discharged in 1957, but discharge documents show that he didn't earn any medals during his service and was never wounded in the line of duty. During his 2007 trial, prosecutors showed jurors a picture of Swisher wearing several medals, "including the Silver Star, Navy and Marine Corps Ribbon, Purple Heart, and the Navy and Marine Corps Commendation Medal with a Bronze 'V.'"

A year after the Stolen Valor Act was struck down by the Supreme Court, Congress passed a new law that made it illegal to profit financially by lying about military service or falsely claiming military accomplishments.

Photo Credit: Andy Dean Photography / shutterstock.com

You Might Also Like

Hillcrest
'Build, Baby, Build!' is NOT the Answer to Housing Crises
Can San Diego build its way out of its three-part housing crisis – supply, affordability and homelessness? Some of elected officials think so and are leading the charge. I have been in the real estate industry for 50-plus years, and I say they are on the wrong track....
27 Oct, 2025
-
4 min read
Isn't It Weird That Congress Feels No Urgency to Re-Open the Government?
Isn't It Weird That Congress Feels No Urgency to Re-Open the Government?
The U.S. has entered Day 22 of the latest government shutdown with no end in sight. As pundits expect it to surpass the 35-day record set during Trump’s first term, a new Gallup poll shows voters’ approval of Congress has plummeted in the last month. Yet, for congressional leaders, there isn’t any urgency to re-open the government. House Speaker Mike Johnson and Minority Leader Hakeem Jeffries trade jabs back and forth in the media, but the blame game continues to be prioritized over solutions....
22 Oct, 2025
-
5 min read
Proposition 50 voter guide
California Prop 50: Partisan Power Play or Necessary Counterpunch?
November 4 marks a special election for what has become the most controversial ballot measure in California in recent memory: Proposition 50, which would circumvent congressional districts drawn by the state’s independent redistricting commission for a legislative-drawn map....
01 Oct, 2025
-
9 min read