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Stolen Valor Act Case Study

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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

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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.

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The appeals court overturned Fields’ conviction. Fields has argued that he is protected by the First Amendment of the Constitution, granting him the right to free speech. He has also argued that he didn’t harm anyone, and the he didn’t receive anything valuable from his false claim. Fields’ prosecutors are arguing that intentional lies should not be protected, as this is perjury. They are also arguing that lying about receiving the Purple Heart award damages the integrity of the award, and that is makes the award less valuable for actual recipients.

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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.

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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.

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