Stolen Valor Act of 2005 facts for kids
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| Long title | An Act to amend title 18, United States Code, to enhance protections relating to the reputation and meaning of the Medal of Honor and other military decorations and awards, and for other purposes. |
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| Enacted by | the 109th United States Congress |
| Effective | December 20, 2006, to June 28, 2012 |
| Citations | |
| Public law | Pub.L. 109-437 |
| Statutes at Large | 120 Stat. 3266–3267 |
| Legislative history | |
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| United States Supreme Court cases | |
| Struck down by United States v. Alvarez in a 6–3 decision on June 28, 2012 | |
The Stolen Valor Act of 2005 was a United States law. It was signed by President George W. Bush on December 20, 2006. This law made it a federal crime to falsely claim you had received a U.S. military medal or award.
If someone was found guilty, they could go to jail for up to six months. If they lied about receiving the Medal of Honor, they could face up to one year in jail. However, in 2012, the Supreme Court of the United States decided that this law went against the First Amendment. This amendment protects freedom of speech. So, the Supreme Court ruled that the Stolen Valor Act of 2005 was unconstitutional.
Contents
What the Law Was About
The Stolen Valor Act was first suggested in the U.S. House of Representatives in 2005. It was introduced by Representative John Salazar from Colorado. Senator Kent Conrad from North Dakota also introduced it in the Senate. The Senate approved the law in September 2006, and the House approved it in December 2006.
The main goal of this law was to make it harder for people to pretend they had earned military awards. It aimed to protect the meaning and honor of these awards.
The Act made it illegal for people who were not authorized to do certain things. These included wearing, buying, selling, or making any military medals or awards. After the law was passed, many people were charged with breaking it.
The law was created because many people were falsely claiming to have military awards. They often did this to gain something for themselves. For example, there were many people pretending to be Medal of Honor recipients. There were also many false claims about being Navy SEALs or Army Special Forces.
Legal Challenges to the Law
The Stolen Valor Act faced several challenges in court. People argued that it went against the First Amendment, which protects free speech.
The Strandlof Case
A man named Rick Strandlof was accused of pretending to be a Marine Captain. He claimed to have received a Silver Star and Purple Heart from the Iraq War. He was trying to raise money for a veterans group.
In 2010, Strandlof argued in court that the Stolen Valor Act was unconstitutional. His lawyer said that simply lying about military medals should be protected by free speech. A federal judge in Denver agreed. The judge said the law violated free speech and dismissed the case against Strandlof.
However, a higher court, the U.S. Court of Appeals for the Tenth Circuit, later disagreed. They said that false statements might not always be protected by the Constitution. But then, the U.S. Supreme Court made a decision in a different case (United States v. Alvarez). Because of that decision, the Tenth Circuit court changed its mind and dropped the charges against Strandlof.
The Alvarez Case
The most important legal challenge was the case of United States v. Alvarez. In this case, the U.S. Court of Appeals for the Ninth Circuit ruled that the Stolen Valor Act was unconstitutional.
Judge Milan Smith wrote for the court that people have the right to say what they want. This includes saying things that are not true, as long as it doesn't cause harm like fraud. He explained that if lying about a medal was a crime, then many everyday lies could also become crimes. For example, lying about your age or about drinking or smoking.
On October 17, 2011, the U.S. Supreme Court decided to review the law. On June 28, 2012, the Supreme Court ruled that the Stolen Valor Act was unconstitutional. They said it violated the freedom of speech protected by the First Amendment. This decision meant the law could no longer be used.
What Happened Next
After the Supreme Court struck down the Stolen Valor Act of 2005, some changes happened.
The U.S. Department of Defense launched a new website called valor.defense.gov. This website provides a public record of who has received military medals. This helps people check if someone's claims are true.
Also, a new law was created. It was called the Stolen Valor Act of 2013. This new law was signed by President Barack Obama on June 3, 2013. It makes it a federal crime to falsely claim you received military medals *if* you do it to get money, property, or other benefits. This new law focuses on fraud, which is different from just making a false statement.
