Wednesday, February 22, 2012

Free Speech of Not?



 
The Medal of Honor is held by a military honor guard at the White House last September, when President Obama awarded the medal to Marine Cpl. Dakota Meyer, 23, from Greensburg, Ky., for his actions in Afghanistan. The Supreme Court is now deciding if those who falsely claim to have won such military awards can be prosecuted for lying.
Charles Dharapak/AP The Medal of Honor is held by a military honor guard at the White House last September, when President Obama awarded the medal to Marine Cpl. Dakota Meyer, 23, from Greensburg, Ky., for his actions in Afghanistan. The Supreme Court is now deciding if those who falsely claim to have won such military awards can be prosecuted for lying.
  

    The Supreme Court is hearing arguments Wednesday, February 22, 2012 about lies, trying to determine when certain lies can be considered a crime under the First Amendment guarantee of free speech. At the center of the debate is the constitutionality of a law making it a crime to lie about being the recipient of military medals.  There have been laws making it illegal to wear an unearned medal for nearly a century, but not one about  to lie about having one. 
   
    The Stolen Valor Act was passed in 2005, but in this case, the question is whether it violates the guarantee of free speech. A Federal Appeals Court ruled that the law was unconstitutional, saying that it did not fit within the exceptions carved out to the First Amendment- speech that is defamatory, that defrauds, or is obscene. In the words of Judge Alex Kozinski, “If false factual statements are unprotected, then the government can prosecute not only the man who tells tall tales of winning the Congressional Medal of Honor, but also the JDater who falsely claims he's Jewish or the dentist who assures you it won't hurt a bit,"
 
 
     Today, the government will argue that the person who lies about receiving a military medal has stolen the valor of the award. Since the existence of military medals, there have been a considerable amount of people who have lied about receiving them. In 2008, the Chicago Tribune investigated every biography in "Who’s Who" that listed a military medal. Over one third of the individuals claiming to have received medals had not. The government says that this proves the need for such a law, but those challenging this ruling say that exposure serves the same purpose, and that the simplest solution to the problem would be a easily accessible database that allows anyone to check the list of military medal recipients with a click of a mouse. At its core though, this is truly a debate over when the government can place limits on free speech.
       
    In my opinion, this is easily distinguished. Free speech should not allow people to  stand up and lie to the public. Lies are deliberately saying  something untrue ,in a conscious effort to deceive somebody or to be deceptive  or  to give a false impression. 
    
   I believe that the law should be put in place as a deterrent, but that the database should also be installed with the reason for the recipient's award. What these men have done to be worthy of these awards are great things and they deserve to be remembered. They deserve a legacy of honor and self-sacrifice to be readily available to everyone. Our country was founded on the principles of freedom, truth, and justice. We should have the database accessible for everyone to remember the men who stood up in the face of danger and death to ensure that our country remained grounded in those principles.  

To read more or listen to the original NPR broadcast, here are the links to the website.


 
Written by Hannah Chaney



                                                                                   

6 comments:

  1. I haven't deeply studied this issue, but in my opinion this is an infringement upon free speech. Even though I deem lying about receiving military honors a horrid and low hint to do, there are MANY other lies that are just as horrid so what is to stop the government from creating laws against lying and even (puttin it in a very exaggerated way) falsely accusing people of lying to shut them up. I think the database should be provided so people may privately research the truth, but it's a little much to put the government in charge of punishing people for lying. Getting a little too muh into the Lord's jurisdiction. I may be wrong, but it seems weird.

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  2. I haven't deeply studied this issue, but in my opinion this is an infringement upon free speech. Even though I deem lying about receiving military honors a horrid and low hint to do, there are MANY other lies that are just as horrid so what is to stop the government from creating laws against lying and even (puttin it in a very exaggerated way) falsely accusing people of lying to shut them up. I think the database should be provided so people may privately research the truth, but it's a little much to put the government in charge of punishing people for lying. Getting a little too muh into the Lord's jurisdiction. I may be wrong, but it seems weird.

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    1. I see where your coming from and it makes perfect sense, but to look at it honestly, haven't there already been situations where the government has twisted laws in their favor? I mean, look at Christine Collins... (I watched that movie the other night for the first time... so good.) But if we have a government and/or people who are corrupt, than there will always be something wrong... I think with any law that's passed you have to take a risk, knowing that in the future, it's possible that the same law could be used against you.

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  3. No, I completely agree with you, Lily. It is an infringement upon free speech to institute such a law. After having studied the First Amendment in depth last year for my paper, I certainly agree with your statement. However, the database is a wonderful idea. I particularly liked Hannah's point that they should not only list WHO has received the honor, but WHY. This makes each medal much more meaningful. A medal is just a medal... but the stories are what make them truly golden.

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  5. One of you said the(and i can't find it now for some odd reason ugh)that the emberisment of the exposure of lying about it is punishment enough for lying about it. Emberisment on that scale is as bad as having to pay a fine or having to spend a couple nights in jail. Plus the government has no right to punish us for lying except when your lying under oath. Plus why let a law like that be passed if it has the potentla to start a chain of events that take away free speech.

    (this is if it gets out of control and there is law about lying)That is just asking people to start suing the dentist,doctors,ect that say "This won't hurt", as well as who wants their doctor to come up to them and say" Ok young man(or woman) this big thick needle that I am about to drive in to your body will hurt and it will draw blood so just bare with me." If it does go that far and if it isn't used for just black mail then we couldn't have anymore polticions and our country would fall apart.(plz tell me if I was rambling)This is Austin it wouldn't let me login in to my account for some reason

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