Legal Meets Practical

Just in time for Memorial Day, the Stolen Valor Act was passed by Congress on May 23 to criminalize the act of lying about having earned certain military honors. It now awaits President Obama’s signature.

Not every combat award is covered, but the ones most worn by wannabe heroes will be protected once the bill becomes law. Protected are the Medal of Honor, service crosses, Silver Star, Purple Heart, and combat badges such as the Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon and Combat Action Medal. The maximum punishment under the bill will be a $100,000 fine and up to one year in jail for each offense.

This comes after the United States Supreme Court struck down a 2005 version of the Stolen Valor Act, in Alvarez v. U.S (2012). There, a man was convicted under the Stolen Valor Act for claiming he had received the Medal of Honor. In a 6-3 decision, the Supreme Court held that the Stolen Valor Act was an unconstitutional abridgment of free speech. In penning the majority opinion, Justice Kennedy expressed his concern that upholding the law would permit the government to “start a list of subjects about which false statements are punishable.”

The new Stolen Valor Act was written to be less sweeping than its predecessor, mitigating constitutional challenge by targeting fraudulent representation of military service for profit. The more narrowly-focused bill states, “whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal shall be fined under this title, imprisoned not more than one year, or both.” The bill covers issues ranging from lying to receive veteran or health care benefits to obtaining a government contract or getting a job reserved for a veteran. One of its co-sponsors, Nevada Congressman Joe Heck, issued a press release explaining how the new bill addressed the Supreme Court’s issues with freedom of speech. That press release can be issued here.

When I learned about the Stolen Valor Act, I was an instant supporter. As veteran small business owners know, both the Small Business Administration and the Center for Veterans Enterprise have encountered issues with individuals lying about veteran status in order to obtain federal government contracts. I hoped that the publicity surrounding the Stolen Valor Act, and its penalties, would deter individuals from misrepresenting veteran status. There’s nothing like the possibility of a jail sentence to inspire honesty.

Unfortunately, upon reading the actual bill, I realized its language criminalizes lying about medals and honors only, not veteran status in and of itself. This means that individuals who misrepresent veteran status to obtain federal government contracts are not covered by the Stolen Valor Act. I would like to know more about what the legislative history of the Stolen Valor Act says on this topic, because it was likely addressed. As the nature of the Stolen Valor Act addresses military decorations, perhaps this was beyond the scope of the bill. At any rate, the Stolen Valor Act should be celebrated for protecting the honor and integrity attached to military accolades.

For further reading, access the Stolen Valor Act here. Also, if you found this article informative, sign up for my weekly blog on my homepage. Remember to click the link sent to your email to activate your subscription!