BURRISS: Free speechdom does cover lies, even about military honors on The Murfreesboro Post

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BURRISS: Free speechdom does cover lies, even about military honors

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By: LARRY BURRISS, Post Columnist

Posted: Thursday, March 15, 2012 12:00 am

One of the continuing questions about free speech asks, “Are lies a protected form of communication?”

Within some narrow circumstances involving advertising and defamation, false statements are, in fact, protected.

But notice that false advertising and defamation can lead to direct, immediate harm.

Other kinds of lying may be morally wrong, but their harm is generally negligible.

Now the U.S. Supreme Court is dealing with a law called the Stolen Valor Act, and is being asked if lying about military honors should be a criminal act, or protected speech.

The Stolen Valor Act makes it a crime to claim you have received a military honor if you haven’t.

The particular case before the court is about an official in a small California town who falsely claimed he had won the Congressional Medal of Honor.

As a veteran, I can testify to the importance of military honors.

And the “awards and decorations” as they are known, cover the whole spectrum of activities, from simply being alive, to very real heroism.

So, once again, the question is, “Who is directly and immediately harmed by lies about military awards?”

The answer is, probably no one.

Yes, lying about military awards is despicable, but is it harmful?

In some cases, the answer is yes, but there are already laws that criminalize this kind of behavior, without limiting the First Amendment.

For example, fraud laws already make it a crime to lie about anything to gain an unfair advantage or for illegal financial gain.

And these laws are effective without damaging free speech.

In addition, in several instances of stolen valor, the perpetrators have been publicly humiliated or lost their jobs.

In one case a judge resigned rather than face possible criminal charges after he admitted he never received the Medal of Honor.

In 1996, a Naval officer committed suicide after an investigation revealed he had lied about two Vietnam War combat awards.

Like flag burning, examples of stolen valor create passionate arguments.

But protecting free speech, even lies, not suppressing offensive speech, is what the government should be doing.

Tagged under Free Speech, Larry Burriss, Media Matters, SCOTUS, Stolen Valor Act, Supreme Court

Member Opinions:

By: sr3a_mtsu_s13 on 3/8/13
i would have to agree with the article for the most part. yes, it is morally wrong to lie about military honors but at the same time it isn't hurting anybody. if that person can go that low to claim something they were never given just to make people look at them a little differently, then so be it. those people that do so have what's coming for them. no need to prosecute them. once someone is accused that they really aren't and are threatened to go public about it, they won't be any trouble. people like that do not want any trouble for the most part. they just want to be acknowledged. others take it and use it as power and saying that they are above said person. i guess my opinion could be a little one-sided since ive never been in the military, and i can see how it can infuriate some who are or were in the military; someone saying the received the medal of honor when a real soldier never got it when they were in the military some 10+ years.