http://www.washingtontimes.com/news/2010/aug/18/appeals-court-stolen-valor-act-unconstitutional/
Constitutional Connection:
Amendment 1: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
Analysis of the Connection:
The history of the first amendment: freedom of speech, traces back long before it was codified by Thomas Jefferson and James Madison. A desire for freedom of speech can be connected all the way back to Colonial America where the first settlers longed for the right to freely speak about their religious beliefs.
The constitutional basis, however, can be traced specifically to the trail of John Zenger, a German newspaper publisher, in the year 1735. Zenger publicly published criticisms of the Governor of New York, William Cosby. After attempted retaliations from Cosby, Zenger was finally arrested on July 29, 1735 but was acquitted of the charges and free speech was established.
In the article, "Appeals Court: Stolen Valor Act Unconstitutional," an appeals court in Pasadena, California made yet another ruling on a military/marine warrior impostor. Xavior Alvarez, a water district board member, stated at a public meeting in 2007 that he was a retired marine officer who'd received a Metal of Honor. Alvarez was indited in 2007 and pleaded guilty on the basis that he would be allowed to appeal on First Amendment grounds.
Personally, I strongly agree with the court for inditing Alvarez. He was wrong in what he did. Unfortunately, we have some insensitive, careless people in our country that search for that "gray area" and take things too far. There is no use in lying about your profession publicly when someone can easily find our the truth. Yes, people have the right to say what they wants to say but if it violate some one ELSE'S right or if you are benefiting from something by lying, then you must suffer the consequences.
No comments:
Post a Comment