The Supreme Court on Thursday struck down a federal law called the Stolen Valor Act

[Buddha12]

The Supreme Court on Thursday struck down a federal law called the Stolen Valor Act which prohibits a person from falsely claiming that he has been awarded a military honor.

The case involved Xavier Alvarez who was an elected member of the Three Valleys Municipal Water District Board in Pomona, California. In 2007 Alvarez said at a public water district board meeting that he was a retired Marine, had been “wounded many times,” and had been “awarded the Congressional Medal of Honor” in 1987.

In fact, he had never served in the United States armed forces.

He pleaded guilty to violating the Stolen Valor Act, but claimed that his false statements were protected by the First Amendment right of free speech.

But Alvarez’s lawyers contended that the First Amendment freedom of speech protected “exaggerated anecdotes, barroom braggadocio, and cocktail party puffery.”

His lawyers said that there was no evidence that false claims undermined the integrity of military medals, and to the extent they do affect their integrity, the government “should encourage counter-speech or legislate against actual fraud,” – and Alvarez wasn’t accused of fraud, only of false speech

http://nbcpolitics.msnbc.msn.com/_news/2012/06/28/12457855-scotus-strikes-down-stolen-valor-act?lite



So now lying is a freedom of speech in America when applying for a job. This is very upsetting to many veterans including myself to see this kind of lying given authorization for it only slaps those who actually deserve those honers and receive them because they actually earned them.

 

[spidergoat]

Yes, you cannot be sent to jail to lying on a resume. As reprehensible as it is to lie about military service, it should not be against the law.

 

[Balerion]

Sorry, can't making lying illegal, at least not outside of a courtroom.

 

[Buddha12]

Yes, you cannot be sent to jail to lying on a resume. As reprehensible as it is to lie about military service, it should not be against the law.

So now I can apply for jobs that I don't have any knowledge about if I can lie my way by the interviewers. Very sad day to me, just shows how far down the shit hole America is going.

 

[Balerion]

So now I can apply for jobs that I don't have any knowledge about if I can lie my way by the interviewers. Very sad day to me, just shows how far down the shit hole America is going.

More than a little melodramatic, I'd say.

Why should lying about military service be treated any differently than lying about education or job history?

 

[rpenner]

Actually "lying to a federal agent" (other than a judge when you are a party or parties counsel) is illegal.

United States Code, Title 18, Section 1001

http://www.law.cornell.edu/uscode/text/18/1001

 

[Balerion]

Actually "lying to a federal agent" (other than a judge when you are a party or parties counsel) is illegal.

United States Code, Title 18, Section 1001

http://www.law.cornell.edu/uscode/text/18/1001

Okay, and lying to a cop is probably illegal too, no? Other than instances in where someone is obstructing justice, lying isn't illegal, nor should it be.

 

[spidergoat]

So now I can apply for jobs that I don't have any knowledge about if I can lie my way by the interviewers. Very sad day to me, just shows how far down the shit hole America is going.

Legally, yes. But you can also get fired real quickly if they find out.

 

[rpenner]

Making false statements to a non-Federal cop gets you in trouble in various ways -- that may vary from state-to-state and even county-to-county

• A suspect runs the chance of being caught out in a lie and having that paraded before a jury as evidence of his guilt and general untrustworthyness
• a non-suspect may be charged with "obstruction of justice" to the extent that the lies matter
• "filing a false police report" is also often a criminal waste of resources and possible harrassment of innocents -- in Texas, making a "false report to a peace officer" is similar http://blog.austindefense.com/2006/...e-report-to-a-peace-officer-texas-penal-code/

Lying in court leaves you open to charges of perjury, which is not generally an instance of lying to a cop except, I think, in traffic court where the traffic cop may take on a prosecution role. (Traffic court is "wierd" under the excuse of making it cheap to operate.)

This list may not be complete.

 

[spidergoat]

But in court you swear to tell the truth. In life you don't.

 

[joepistole]

Hell if lying were illegal, there would be no Fox News, Clear Channel, or Limbaugh and company and there would be no Republican Party.

 

[Buddha12]

More than a little melodramatic, I'd say.

Why should lying about military service be treated any differently than lying about education or job history?

I was only angry that it is now LEGAL to lie because they found it isn't ILLEGAL to do so any longer about anything it would seem not just about the military awards. Now anyone found guilty of lying on their interviews cannot legally be fired for all they need do is bring up this new law about freedom of speech that allows them to lie without being able to do anything to them.

He pleaded guilty to violating the Stolen Valor Act, but claimed that his false statements were protected by the First Amendment right of free speech.

That is what I read into this overturned law, I guess you don't view it that way? :shrug:

 

[spidergoat]

...Now anyone found guilty of lying on their interviews cannot legally be fired for all they need do is bring up this new law about freedom of speech that allows them to lie without being able to do anything to them...

No, you have a right to freedom of speech, but that does not protect you from the consequences of your speech in the mind of your employer, who is well within their rights to object to lies.

 

[Buddha12]

No, you have a right to freedom of speech, but that does not protect you from the consequences of your speech in the mind of your employer, who is well within their rights to object to lies.

But now your employer can't dismiss you for lying under this new law if I am reading it correctly.

 

[spidergoat]

Yes they can. There is no new law, they simply struck down the old one.

 

[Buddha12]

Yes they can. There is no new law, they simply struck down the old one.

Well this guy who lied about his awards was fired but sued to be reinstated and now it would seem that he can get his job back even though he lied. I see it that way as many others do as well.

 

[spidergoat]

Nope. The only effect is that he cannot be prosecuted under the Stolen Valor Act.

 

[Asguard]

If you want an apsolutly truthful resume insist people sign them on stat decs, then if they lie its perjury

 

[Balerion]

I was only angry that it is now LEGAL to lie because they found it isn't ILLEGAL to do so any longer about anything it would seem not just about the military awards. Now anyone found guilty of lying on their interviews cannot legally be fired for all they need do is bring up this new law about freedom of speech that allows them to lie without being able to do anything to them.



That is what I read into this overturned law, I guess you don't view it that way? :shrug:

Ah, I see the problem. Freedom of speech does not protect you from being fired from your job. Lying on an application could always get you fired, and it still can, the difference only being now that lying about this one particular thing can't get you in legal trouble. And it never should have been able to.

 

[R1D2]

I will like to say it is wrong someone lies on a application. Especially about military service. But legally what can a judge do. Its wrong I agree. An any lying applicant should lose his/her job an not ever get it back...