Is Stolen Valor a Crime?
The act of "stolen valor" refers to the fraudulent representation of oneself as a recipient of a military decoration or medal, typically by wearing or displaying the corresponding insignia or medal without having actually earned it. This practice has been a source of controversy and debate in the United States, with some arguing that it is a harmless prank, while others believe it is a serious violation of the trust and respect afforded to military personnel and their medals.
Is Stolen Valor a Crime?
In 2013, the United States Supreme Court answered this question in the affirmative, ruling in the case of United States v. Alvarez (570 U.S. 821) that the Stolen Valor Act of 2005 was unconstitutional. The Act had made it a crime to falsely claim to have received a medal of honor or other high-ranking military award, punishable by up to six months in prison and a fine of up to $5,000.
However, the Supreme Court struck down the Act, ruling that it violated the First Amendment’s protection of free speech. The Court held that the Act was overly broad and could be used to punish speech that was not necessarily intended to deceive or defraud others.
But Is It Still a Crime?
Although the Stolen Valor Act is no longer in effect, other laws and regulations have been enacted to address the issue of stolen valor. For example:
- False Claims Act: 18 U.S.C. § 1001 makes it a crime to make a false statement to a federal agency, including claims about military service or decorations.
- Federal Tort Claims Act: 28 U.S.C. § 2671 et seq. allows individuals to file claims against the federal government for damages caused by the wrongful wearing of military decorations.
- State laws: Many states have enacted their own laws and regulations to address stolen valor, including fines and imprisonment for individuals found guilty of misrepresenting their military service or decorations.
Examples of Stolen Valor Cases
Despite the lack of a federal law specifically targeting stolen valor, law enforcement agencies and the military continue to take action against individuals who engage in this behavior. Here are a few examples:
- Fake Navy SEAL: In 2019, a former Navy SEAL was sentenced to 30 days in jail and fined $1,000 for wearing a Medal of Honor without having actually earned it.
- Phony Army Ranger: In 2018, a man was arrested and charged with theft and misrepresentation for claiming to be an Army Ranger and wearing a Ranger tab without having actually served in the Rangers.
- Counterfeit Medal of Honor: In 2017, a man was arrested and charged with fraud for selling counterfeit Medal of Honor medals and certificates to unsuspecting veterans and their families.
Why Is Stolen Valor a Problem?
Proponents of stricter laws and regulations to address stolen valor argue that this behavior undermines the integrity and prestige of military decorations, and that it can have serious consequences for individuals who have actually earned these awards. Some of the reasons why stolen valor is a problem include:
- Disrespect for the military: By falsely claiming to have received a military decoration, individuals can create the impression that they are more deserving of respect and admiration than they actually are.
- Undermining the integrity of military awards: The misrepresentation of military decorations can erode the public’s trust in the military and its awards, which can have serious consequences for national security and morale.
- Harm to individuals who have actually earned the award: Stolen valor can cause harm to individuals who have actually earned a military decoration, including the loss of their personal reputation and the erosion of their credibility.
Conclusion
While the Stolen Valor Act is no longer in effect, the issue of stolen valor remains a significant problem in the United States. Law enforcement agencies and the military continue to take action against individuals who engage in this behavior, and there are still legal remedies available for individuals who have been harmed by stolen valor.
As the public continues to grapple with the issue of stolen valor, it is essential to recognize the importance of upholding the integrity and prestige of military decorations, and to ensure that individuals who have actually earned these awards are not unfairly harmed by the actions of others.
