He’s protected under the First Amendment
The Stolen Valor Act was signed by President George Bush in 2006. The law made falsely claiming accomplishments in the military a misdemeanor. Meaning, you committed a crime if you wore a military medal that you didn’t earn.
In its infinite wisdom, the Supreme Court overturned the law in 2012, ruling it was unconstitutional. Wearing military medals is a form of free speech and protected under the First Amendment.
Trying to right this travesty of justice, Congress passed legislation in 2013 making it illegal to claim military service and make financial gains. President Obama quickly signet it into law.
Between 2005 and 2012 some people were actually convicted of violating the Stolen Valor Act, one such criminal is Elven Joe Swisher.
Read below how this low-life got himself tangled up with a potential murderer because of his stolen valor…
A federal appeals court on Monday tossed out a veteran’s conviction for wearing military medals he didn’t earn, saying it was a form of free speech protected by the Constitution.
A specially convened 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the First Amendment allows people to wear unearned military honors.
Elven Joe Swisher of Idaho was convicted in 2007 of violating the Stolen Valor Act…
…Investigators looked into Swisher’s military claims after he testified at the 2005 trial of a man charged with soliciting the murder of a federal judge. Swisher wore a Purple Heart on the witness stand.
Swisher testified that David Roland Hinkson offered him $10,000 to kill the federal judge… Swisher said Hinkson was impressed after Swisher boasted that he killed “many men” during the Korean War.
…Swisher enlisted in the Marine Corps a year after the Korean War ended but was never wounded in the line of duty…discharge documents indicate that he didn’t receive any medals, according to the 9th Circuit ruling…
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