Burkett then points out that, during the years of the vietnam war, africanamerican males made up. Based on this, the act itself does not appear unconstitutional. In fact, he had never served one day in the military. Burketts book stolen valor, for whom the act is named, dennehy was a marine from 1959 to 1963 but claimed he was in vietnam and wounded in combat. He is accused of posing as rick duncan, a wounded marine captain who received a purple heart and a silver star. Appellant rick strandlof was charged under the stolen valor act 18 u. The stolen valor act should be found unconstitutional the. War against stolen valor still raging in colorado, where it got its. Man unmasked as fake military hero in springs reappears as. On this independence day, we want to give you one of the most inspirational and patriotic speeches i have had the pleasure of hearing. Jan 12, 2016 after the stolen valor act was struck down, congress passed a new law making it a crime to profit financially by lying about military service. Volunteering for duty in iraq, duncan rose to the rank. Despite never having served in the armed forces, appellant founded the colorado veterans alliance, and frequently told veterans he graduated from the. Medal of honor recipient who later tracked imposters.
This weeks feature story, will the real rick strandlof please stand up. Attorneys for rick strandlof, who claimed to be a decorated combat veteran, had argued that the act was an unconstitutional violation of free. Strandlof spent nine months in county jail for possession of a stolen vehicle. Strandlof, 32, was held for false claims about receipt of military decorations or medals, an fbi news. On july 16, however, a judge in colorado dismissed strandlof s case, saying the stolen valor act was unconstitutional on freespeech grounds, just as prohibitions on burning the flag or selling photos of animal cruelty are. A graduate of the naval academy, rick had been in the pentagon when the plane hit on september 11, 2001. Burkett is a retired army officer and financial advisor. I apologize for the length, but i think it is necessary to make the point i wanted to make. Okay, so he wrote a book that exposes the total lack of integrity of hollywood and the media toward the way they treated treat vietnam veterans and exposed.
The law amends the federal criminal code to make it a crime for a person to claim they have served in the military, embellish their rank or fraudulently claim having received a valor award specified in the act, with the intention of obtaining money. Richard strandlof says he didnt mean to cause harm when he lied about being a military veteran. Did fake military hero rick strandlof go on to pose as a. It is the first such ruling of its kind, extending to fallacious speech the same protections as say the i have a dream speech. In a decision that cited his case, the supreme court overturned stolen valor, rejecting the law because it violated the first amendments. Mar 12, 2012 the stolen valor act should be found unconstitutional by david b. The supreme court has never fully defined the scope of the false. The book received the colby award for military writers in 2000. We provide expertise in all forms of stolen valor investigations that take place inside and outside the veteran community. How the vietnam generation was robbed of its heroes and its history by burkett, b. War against stolen valor still raging in colorado, where it. The stolen valor act addresses deception that is knowlingly done for personal gain, and would not inevitably occur in free debate. Stolen valor act held unconstitutional the volokh conspiracy. Many faces of fake vet rick strandlof exposed the denver post.
The stolen valor act makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal, whether or not an impostor seeks financial gain. Top 5 most outrageous stolen valor incidents the sitrep. On friday, the fbi arrested him on the rare charge of stolen valor. Jun 05, 2015 the problem with calling out stolen valor. To read more about stolen valor and follow the paper trail of rick strandlofs past lives, go to. Burkett, a book called stolen valor, about the myths and stereotypes about the vietnam war, many of which are often perpetuated by phonies. Stolen valor conviction overturned by federal appeals. The stolen valor act of 2005, signed into law by president george w. How the vietnam generation was robbed of its heroes and its history 1998 is a selfpublished book by b.
Charge dismissed in fake heros case, valor act ruled. A world class loser in colorado is attempting to avoid punishment for the crime of being a poseur in the 1st degree. In response to the alvarez decision, congress enacted the stolen valor act of 20, signed into law by president barack obama in. Working with ten plus years in this field, with several notable prosecutions. If you use any of the internet search engines such as or and enter the keywords stolen valor, you will be rewarded with a large number of responses. With this holding, the stolen valor act of 2005 became an unconstitutional statute. Stolen valor act held unconstitutional by eugene volokh on july 16, 2010 10. But the stol en valor act does not pose such a risk, and seems likely to fit within one of the exceptions the.
Pam sterner herself had been inspired by the 1998 book stolen valor. Fighting for the right to tell lies the new york times. Stolen valor is an excellent book using novel technique to keep the reader going, but it uses the same technique it argues against. Iraq veteran imposter rick strandlof about his actions impersonating heroes. Feb 27, 2015 updatedon 21 february 2015, kelsie hoover, used a fake persona by the name of michael cipriani and posed as commissioned officer of the united states army. A constitutional right to lie last week a federal judge in denver, colorado ruled that lies are constitutionally protected. Burketts book stolen valor, for whom the act is named, dennehy was a marine from 1959 to 1963 but claimed he was in. Now, in perhaps the highestprofile case of its type this year, the government has charged a colorado man, richard g. Kelsie hoover uses fake michael cipriani persona, poses as. Under this principle, the stolen valor act does not impinge on or chill protected speech, and therefore does not offend the first amendment.
To me, this has destroyed the credibility of an otherwise great book. He did not actually earn the purple heart, go to annapolis, or serve even one tour of duty. Burkett, a vietnam veteran, and glenna whitley, an investigative journalist. In their book fake warriors, henry and erika holzer estimate that 70 percent of these.
The absurd conservative obsession with stolen valor the. Rick duncan was a marine with a compelling story to tell, and tell it he did, to anyone who would listen. Beall points out strandlof wasnt charged with stealing money meant for the. True stories of liars in violation of the stolen valor act. Burkett and glenna whitley chronicling phony vietnam veterans. For his lies, strandlof was convicted of violating the stolen valor act.
Burkett, and glenna whitley should be required reading for all americans. How the vietnam generation was robbed of its heroes and its history. Preserving the honor of united states armed forces awards. Man who wore fake military medals challenges stolen valor law. Wood, supra note 55, at 501 both the alvarez and strandlof opinions relied. Stolen valor is one book that every vietnam veteran should read. Stolen valor cites several indicivual cases of africanamericans who acquitted themselves superbly in combat.
District court documents show he was required to take medication and read a book on bipolar disorder as part of his. A former infantryman, ryan berk, from easy co 2506 101st sent us this video of him calling out a fake ranger at a local mall. The stolen valor act makes it a crime falsely to represent oneself to have been awarded any decoration or medal authorized by congress for the armed forces of the united states. This is the longest blog posting in history, so you might want to print it out and read it when you have the time. Stolen valor names names and backs up the uncovering of these honor thieves with facts. Everyday low prices and free delivery on eligible orders. Request for comments on a draft amicus brief in the strandlof stolen valor act case by eugene volokh on january 10, 2010 2. Ptsd exists, but the author claims it doesnt and anyone who suffers from war trauma is likely to be faking. Why the supreme courts prescription for stolen valor wont. Apr 12, 2007 several years ago i coauthored, with b. Stanford journal of civil rights and civil liberties at 6. Us senator jim webb praised stolen valor, calling it one the most courageous books of the decade. The stolen valor act is a 2006 law that makes it a federal crime to lie about.
She also ordered him to take his medications and read a book on bipolar. The stolen valor act is declared to be facially unconstitutional as a contentbased restriction on speech that does not serve a compelling government interest, and consequently that the act is invalid as violative of the first amendment, this is a surprise ruling on many fronts while many have attacked the sva and pushed for its. Stolen valor act facing legal challenges news stripes. Stolen valor conviction overturned by federal appeals court. The stolen valor act as constitutional presumption is not rebutted, and the act is constitutional. The supreme court will hear arguments on the issue in u. In the war against stolen valor, the hunters can be just as dedicated as the phony military. Richard strandlof said he survived the 911 attacks on the pentagon. How the vietnam generation was robbed of its heroes and its history burkett, b. Doug sterner from home of heroes who has also visited here at tah is also in the video and he sums it up well john wayne gacy did some good too as a clown, but it hardly outweighs his serial killings i dont understand why none of these supposed news outlets wont focus on the real issue here the antiwar movement attracts an inordinate number of phonies and fakes and the anti.
Alvarez, finding that the stolen valor act violates the first. At a time when returning soldiers are regarded as national heroes and the number of war dead continues to rise, lying about medals affixed to a military uniform is seen as a lie so foul, it is criminal. To read more about stolen valor and follow the paper trail of rick strandlof s past lives, go to. If convicted, defendants might have been imprisoned for up to six months, unless the decoration lied about is the meda. The law made it a federal misdemeanor to falsely represent oneself as having received any u. He is best known as coauthor of the selfpublished book stolen valor 1998, written with journalist glenna whitley. Stolen valor act, part i discusses the evolution of first amendment law. Strandlofs previous military ruse, performed under the name rick duncan. Jul 26, 2012 under stolen valor, which amended similar legislation under title 18 of u. Man who wore fake military medals challenges stolen valor law abc news feb. Congress, however, felt that this statute was inadequate to protect the reputation and meaning of military. After the dismissal, on first amendment grounds, of a federal case brought under the stolen valor act, the man once known as war hero rick duncan before he was unmasked as former mental patient rick strandlof is now gaining notoriety as rick gold, reports the denver post.
It received the colby award for military writers in 2000. The issue before the tenth circuit was whether the act is constitutional. This guy couldnt answer basic questions that he shouldve known, he. District judge robert blackburn issued his decision this morning. Falsely claiming to have been awarded a military honor does not fall within the bounds of the exception carved out by gertz. Last month i wrote about the denver post going squishy on richard strandlof s impending trial for a violation of the stolen valor act. District court in denver with five misdemeanors related to violating the stolen valor act specifically, making false claims about receiving military decorations.
See more ideas about veterans discounts, military benefits and women figure. We read or hear much about the false heroes and veterans claiming honors that they never earned. Pretenders, liars and frauds claiming military honors they didnt earn. Stolen valor pat putnam, who died in 2005, was a wellknown boxing writer and korean war hero.
Law punishing fake heroes may go to supreme court news. As originally enacted, section 704 criminalized the wearing, manufacture, or sale of unauthorized military awards. Strandlof had committed fraud or violated the federal stolen valor act. In a sense, this argument expands on yarnells suggestion that if the stolen valor.
Stolen valor was born in colorado before dying with the. Defendant is charged with violating the stolen valor act of 2005, which amended 18 u. Code in 2006, strandlof had broken the law by falsely claiming to have won a military award. Strandlof, 32, after he was charged under the stolen valor act, which makes. Military, free speech and the stolen valor act board of veterans.
When veteran doug sternum realised that one man had stolen the identity of his deceased best friend, he made it his mission to hunt down people like rick. Over at the burn pit, the follow up on the rick duncan case is not very encouraging. Strandlof, with fraudulently claiming to have won a purple heart in iraq. The first of many lies that richard glen strandlof, 32, told was that he was. Colby award for outstanding military book autographed by coauthored b.
I would read the statute favorably to the government as criminalizing only false factual statements made with knowledge of. Dec 20, 2017 the stolen valor community takes itself very, very seriously. A judge last week issued an arrest warrant for the man, richard g. He purported to have been a war captive for 17 months and to have earned four purple hearts. Mar 11, 2015 in the war against stolen valor, the hunters can be just as dedicated as the phony military heroes as lindsay lowery found out when she posted a photo on facebook. Real veterans dont advertise their deeds and claim unbelievable acts of heroism. The post wrote that convicting him would violate his 1st amendment right to free speech. Why its criminal to lie about military honors the atlantic. After the stolen valor act was struck down, congress passed a new law making it a crime to profit financially by lying about military service. Ford, 75, in his marine uniform on memorial day in harrisburg. Military lies are harmful to actual veterans the denver post.
The mission statement on the website guardian of valor, founded in 2012 and now the most popular outlet for stolen valor content, makes this clear. A federal judge in denver has ruled the stolen valor act is facially unconstitutional because it violates free speech and dismissed the criminal case against rick strandlof, a man who lied about being an iraq war veteran. Though the tenth circuit court of appeals upheld strandlof s stolen valor act charges, the fauxheros bad fortune could soon be reversed. We value our service members, veterans, those who have given the ultimate sacrifice and their families. Others have used their lies to publicize books, get vip tickets to rock. Jonn lilyea at this aint hell has the scoop as usual.
Part ii then briefly lays out the details of the stolen valor act and. Though the stolen valor act treats some false statements differently from. Celeste ng, ann patchett, min jin lee and others on the books that. Stolen valor book how the vietnam generation was robbed of its heroes and its history winner of the william e.
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