Monday, July 9, 2012

Lying made LEGAL?

In 2006, George W Bush signed a law making it a federal crime to one misrepresent themselves as having won military medals. The upshot is that it was illegal to say you earned a Congressional Medal of Honor when you did not. The Supreme Court found to the contrary making lying protected speech? For all the details, read United States vs. Xavier Alvarez. Mr Alvarez said he won a Medal of Honor, which was a lie. He said he won the Congressional Medal of Honor (CMH) in 1987. He also reportedly lied about playing hockey with the Detroit Red Wings.

When you tell a lie when selling a product, you can be convicted of fraud for misrepresenting said product. In this sense, lying is not protected free speech in the First Amendment. There are a few perks for being a CMH awardee. Would it not be fraud to represent yourself as a CMH awardee? Only if the person was seeking to gain financially from his claim. Making a false claim to having been awarded a CMH to obtain benefits given to those who are awarded CMH awardees is fraud and not protected by free speech. Lying is, per se, protected speech as long as there is no intent to defraud.

Alvarez is still a poor little man who needs to lie. He is still a liar.

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