In the year 2011, 39-year-old Abel Fields attended a city meeting about public safety. During the meeting, he presented a speech where he falsely claimed that he had eight years of military experience and was rewarded the Purple Heart. Because of his lies, he was convicted under the Stolen Valor Act and found guilty, sentenced to pay a fine of $1,000. In his case before the Supreme Court, Fields argued that the Stolen Valor Act was unconstitutional, and that his right to free speech had been violated. The Ninth Circuit Court of Appeals ruled in Fields' favor, but the government appealed the decision to the Supreme Court because, according to the Stolen Valor Act of 2005, these fraudulent claims "damage the reputation and meaning of …show more content…
Tejinder Singh, writer and contributor of Scotus, argues that the stolen Valor Act is "unconstitutional because the government had not shown that the statute is necessary to protect the integrity of the system of military honors . . . [and] the Stolen Valor Act posed a significant—and perhaps unique—threat to protected speech." On the contrary, the Stolven Valor Act does not violate the freedom of speech guaranteed by the First Amendment, but instead enforces the appreciation of our soldiers. If Fields had been convicted because he preached that he deserved the Purple Heart and contributed as much as an eight-year veteran of the military, then the Stolven Valor Act would have violated his First Amendment rights because he would be denied to publically share his opinion, and thus denied his freedom of …show more content…
who are wounded by an instrument of war in the hands of the enemy and posthumously to the next of kin in the name of those who are killed in action or die of wounds received in action." By falsely claiming to have earned such a prestigious award, Fields reveals that he is attempting to gain the respect and honor associated with the Purple Heart. Furthermore, many veterans receive military discounts in various restaurants and other businesses out of respect for their feats. Although this was not the case since Fields was not applying this claim to a monetary benefit, there is still a reputable benefit that accompanies the claim. Moreover, The Telegraph informs us that approximately 600 U.S. soliders die from their military feats every year, averaging out at approximately two every day. Comparatively, Journeyman Editor YahwehSaves informs us that relatively 1,910,162 Purple Hearts have been awarded as of June 5, 2010. By putting himself among the ranks of these devoted soldiers, Fields belittles the soldiers and the soldiers' families dedication and contribution to our country and diminishes the virtue of our nation as a
“He was charged under a Texas statute that prohibited desecration of a venerated object (including...a state or national flag).” In 1984, Gregory Lee Johnson burned the American flag as part of his demonstration against nuclear weapons. It started as an organized protest along the streets of Dallas, and ended up being an offensive act to witnesses of the scene. One could attempt to justify Gregory’s unlawful action as an expression of his First Amendment. However, as a justice on the US Supreme Court, I would have to agree with opinion B, because it appropriately supports the reason for Johnson’s conviction.
The stolen valor act is about lying about having military medals and the supreme made it illegal in 2012. People were claiming that they were in the military to get money and properties. I think it is a really good thing that there is a law in place for this. John Abel was charged with robbing a bank with two other men. In order to distract Respondents witness the prosecution offered testimony that he and the witness were part of a prison gang that promoted perjury on the of fellow gang members..
Johnson Majority Opinion and Jim Wright’s letter concur with the concept of Jordan’s quotation, Tomi Lahren DESTROYS Colin Kaepernick rebuts it. Both Texas vs. Johnson Majority Opinion and Jim Wright’s letter have strong supporting ideas, which are First Amendment and the life lesson that the best way to make one to respect is show respect to that one first. However, Tomi Lahren DESTROYS Colin Kaepernick provides little to no evidence in comparison to the other two. She accuses him of not paying tribute to the army, a statement Kaepernick more than once said in his interview. Frankly, Lahren does not make fair arguments other than he is a disgrace, which does not contribute to the reason why Kaepernick should not be accepted.
Abel Fields was convicted in 2011, under the Stolen Valor Act of 2006. He was found guilty in the first trial. He then brought his case to the court of appeals which ruled in his favor. Fields argues that it is within his free speech to lie about himself because it did not cause harm to anyone and he did not profit from it. I believe that Abel Fields should not be found guilty and I believe, The Stolen Valor Act, is useless and should not be a part of the law.
§ 462(b), a part of the Universal Military Training and Service Act, subdivision (3) of which applies to any person "who forges, alters, knowingly destroys, knowingly mutilates, or in any manner changes any such certificate” (Chris Skelton, Supreme) basically this is saying that it is illegal to forge, alter, or destroy a draft card (Invispress). During the time O’Brien was giving the speech a few Federal Bureau Investigators were
Coolidge is the last living recipient of the Congressional Medal of Honor for Tennessee’s soldiers involved in World War II. After months of training, Coolidge descended into the waters off of the shore of Northern Africa, where some of the men drowned before they could even reach shore. Where, “for more than a year, he had chased the retreating Germans through Europe… As Coolidge’s unit went up the boot of Italy and crossed the Rapido River to engage the Germans at Monte Cassino, the fighting was vicious and the American losses heavy — more than 2,300 casualties.” (Jessica Bliss)
§ 2000bb et seq). Free Exercise Clause of the First Amendment states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ,” and at the conclusion of the trial, the court came to a conclusion to deny Brock’s claim under this clause (Ash). Dissatisfied with the result of the ruling, Brock argued that they mislabeled his case and instead his case should have been under RFRA. The RFRA states that the United States “ensures that interests in religious freedom are protected” in which Brock felt as if he was stripped of this protection. He drew on Gordon v. Leeke, 574 F.2d 1147, 1151(4th Cir. 1978)), in which “the district court was required to carefully examine a pro se complaint to determine whether it alleged any "constitutional deprivations” (Luttig).
U.S. v Fields In the case of Abel Fields v. The United States, Abel Fields was convicted for falsely claiming that he received a Purple Heart Award for bravery. However, he had never served in the military, and he had never actually received a military award. Fields was convicted under the Stolen Valor Act of 2006, stating that it is illegal to make false claims about receiving many types of military awards. Punishment includes fines and imprisonment.
Vance V. Terrazas, 444 U.S. 252 (1980). Case Name: Vance V. Terrazas Facts: Laurence J. Terrazas, was born a citizen of the United States to a father who was a Mexican national. This led to his acquisition dual-citizenship, since Mexico followed the basis of jus Sanguinis, and the United States followed the basis of jus soli. At the age of 22, while studying in Mexico, he applied for a certificate of Mexican citizenship and was made to swear, “obedience and submission to the laws and authorities of the Mexican Republic”, and in the process, effectively renounced his United States citizenship. Later, when being interviewed by a United States consular officer, inconsistent accounts were given by Terrazas about whether or not he voluntarily surrendered his United States citizenship.
Once Title V was approved, it led to limitations of Armed Service Editions, books sent to soldiers, and resulted in a great deal of controversial censorship. Through appeals to ethos, logos, and pathos, Manning promotes her conclusion that Title V should have been eliminated because it challenged freedom, a right that American
The Supreme court accepted the case. Fields attorneys are arguing that the Stolen Valor act is unconstitutional. Field attorneys argued that Fields cannot be convicted because he lied. The First amendment protects speech that does not directly harm others. Fields attorneys claim that Fields had lied about himself, and by lying about himself he only hurt himself.
Abel Fields was convicted under the Stolen Valor Act for falsely claiming he had received the Purple Heart. Fields has never served in the military and therefore has never received a military award. At his first trial, Fields was found guilty for violating the Stolen Valor Act and was sentenced to a fine. Fields then appealed his sentence and the Court of Appeals overturned his conviction citing that Fields’ First Amendment rights were violated. The government then appealed the Court of Appeals’ decision and the case was sent to the Supreme Court.
Anthony Lewis’ narrative in Gideon’s Trumpet has served as one of the most important law related occurrences. The nonfiction book is written in the third person perspective in order to provide a detailed and thorough overview of the law practices during the time of the case. The book specially focuses on the Supreme Court’s thought of governing leading up to the case, Gideon vs Wainwright, as well as the case itself. The case involves Clarence Gideon’s fight for his right to have an attorney in order to defend him in court. This written recollection has given an overlying theme to the entire book: the right to justice.
Justice Goldberg stated that the right to speak one’s mind should not depend upon an investigation by the jury to the motivation of the citizen or press. The theory of our Constitution is that every citizen may speak his mind on matters of public concern and may not be barred from speaking or publishing because those in control of government think that what is said or written is unfair, false, or
Why I Am Challenging Baseball In his article, Why I Am Challenging Baseball, former player Curt Flood takes aim at the reserve clause, which states that the player’s rights were owned by the team and that the player was not allowed to freely enter into a contract with another team. This issue was one seeped in controversy at the time, with Flood’s attempted lawsuit shortly after this article was published only adding an added match to the fire. Though his suit failed, Peter Seitz eventually ended the long-term Reserve Clause in 1975, with the clause now only applying to the first three years of a player’s career. However, was the initial question raised by Flood in this article (Is the Reserve Clause legal?)