Xaviar Alvarez, claim of valor and free speech
Claremont Insider points to this NY Times story and our favorite water guy. Alvarez heads for trial next month for violating the Stolen Valor Act of 2005, which makes it a crime to lie about having received certain medals. (via FCblog)
While Alvarez should be ashamed of duping people, I'm still uneasy about jailing a man because of something he said that didn't cause anyone physical harm or immediate danger, such as inciting a riot. But apparently, a free speech argue isn't exactly rock solid here.
- Rodney A. Smolla, the dean of the Washington and Lee University School of Law and the author of several books on free speech:
“My instinct is that there probably would not be a winning First Amendment defense because of the confluence of two factors,” Professor Smolla said. First, he said, it is hard to identify anything positive Mr. Alvarez contributed to any debate. Second, he said, “the integrity of the honors that the military bestows is very important.”
I had 10 friends in Iraq who earned much less than the MOH upon their deaths.
There's no time in prison sufficient that will sufficiently punish this idiot. His words are spit on the graves of those 10 brave men.
To assert that he should receive First Ammendment protections for stealing the reputations of those who have is preposterous.
Lock him up and feed him once a day.
I had 10 friends in Iraq who earned much less than the MOH upon their deaths.
There's no time in prison sufficient that will sufficiently punish this idiot. His words are spit on the graves of those 10 brave men.
To assert that he should receive First Ammendment protections for stealing the reputations of those who have is preposterous.
Lock him up and feed him once a day.
His excuse that he blurted these lies out because he was nervous doesn't wash.
He gained from those lies. He gained credibility, and received local political endorsement for his false claims. He knew what he was doing. Results don't lie. The man was elected.
A disgusting betrayal to a fragile and vulnerable community.
Well..little can be said that hasn't been covered already. But, the real tragedy here is that Alvarez continues in his "public service" role?
No one seems to be focusing on the "fraud" that was committed by Alvarez when he falsely completed his insurance forms?
He attempted to gain free medical insurance for a woman by falsely claiming she was his wife....I suspect that is a felony.
Where is the LA District Attorney's public integrity unit....this is within their jurisdiction and is exactly the type of crime they are charged with prosecuting?
Actually, I think a complaint has been filed with the DA's office, regarding the health insurance forgery.
Dear Edward,
Any update on the "complaint" filed with the DA? Might be worth a call to get a status report...