Tuesday, July 24, 2012

Week 3 EOC "Stolen Valor"

The Stolen Valor Act was struck down by the supreme court ruling that "by a 6-3 decision, the high court said the right to lie about medals and military service, while "contemptible" and worthy of outrage and ridicule, is protected by the 1st Amendment."~ Los Angles Times. The first amendment to protect our freedom of speech is wonderful in the content that we are free to have opinions and voice them out loud. To protest against things without fear from our government and punishment by its laws. But this gives free rein to all companies that wish to lie about their product they are selling. To say that their product is the best, or that it's better than their competitors is no longer false advertising now it's just a lie, which is protected under the First Amendment of their freedom of speech and they can longer be sued. Such a fine line these companies wish to walk. It seems they are too busy trying to make money and keep their money that they no longer care about a code of ethics. As for Xavier Alvarez, "he was indicted and pleaded guilty with the understanding that he would challenge the law's constitutionality in his appeal. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000." ~ Fox News  So the court system did something for the real Veterans and the true heroes of the wars. But in the end did it effect anything, or did it just give a window of opportunities for others to skirt around the law?  As far as the courts and First Amendment, "the court has, in the past, endorsed a number of limitations to the First Amendment: Libel, certain kinds of obscene speech, incitement to violence and fraud are some of the categories that the court has ruled are not protected free speech; the court has also allowed certain restrictions on the exercise of free speech in public school classrooms. But for the most part, speech in open forum has to cause some kind of direct, tangible harm to be considered as unprotected under the Constitution" ~ Las Vegas Sun.  But it also says under the Stolen Valor Act that you can't say that you were in the military or received any metal falsely if it ends in the you receiving something of value, but doesn't specify what is of value. Ruling will be decided on Thursday.

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