A federal appeals court on Monday tossed out a veteran’s conviction for wearing military medals he didn’t earn, saying it was a form of free speech protected by the Constitution.
A specially convened 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the First Amendment allows people to wear unearned military honors.
Elven Joe Swisher of Idaho was convicted in 2007 of violating the Stolen Valor Act, which made it a misdemeanor to falsely claim military accomplishments. President George W. Bush signed it into law in 2006, but the U.S. Supreme Court struck it down in 2012 as a violation of free speech protections.
Investigators looked into Swisher’s military claims after he testified at the 2005 trial of a man charged with soliciting the murder of a federal judge. Swisher wore a Purple Heart on the witness stand.
Swisher testified that David Roland Hinkson offered him $10,000 to kill the federal judge presiding over Hinkson’s tax-evasion case. Swisher said Hinkson was impressed after Swisher boasted that he killed “many men” during the Korean War.
Prosecutors say Swisher enlisted in the Marine Corps a year after the Korean War ended but was never wounded in the line of duty. Swisher was honorably discharged in 1957, and discharge documents indicate that he didn’t receive any medals, according to the 9th Circuit ruling.
During his 2007 trial, prosecutors showed the jury a photograph of Swisher wearing several military medals and awards, including the Silver Star, Navy and Marine Corps Ribbon, Purple Heart, and the Navy and Marine Corps Commendation Medal with a Bronze “V.”
Swisher’s attorney Joseph Horras of Boise, Idaho, couldn’t immediately be reached for comment Monday.
After the Stolen Valor Act was struck down, Congress passed a new law making it a crime to profit financially by lying about military service. President Barack Obama signed it in 2013.
After Swisher’s conviction, Congress removed a provision making it illegal to wear unearned medals.
The Associated Press contributed to this article
As a 21 year veteran I find it very insulting to see unearned ribbons and medals on the chest of people that didn’t earn them and highly insulting when they are displayed by someone that never served. When I retired in 1989 I wore 16 ribbons/medals that I had earned, since my retirement day I don’t show any of them since these people have made them meaningless to me.
That’s sad. I’m sorry that these a-holes have made you feel like it isn’t even worth displaying proudly what you worked so hard for.
Thanks for all that you did, Mike. Even if it has since gone silent, it is much appreciated.
I gave our Uncle 7 years of service and I think too much of my brothers in arms not only back then but NOW to ever wear medals I did not earn.
If I could arrange for it they would be penalized. But I am nobody. I think of it as the dark side of freedom of speech. (To lie like that)
Yes…….Agreed…..its almost on the same level as burning our flag….
How THAT act can EVER be considered “Freedom of Speech” is beyond me…..I say, if you dont like our flag, MOVE out from under it !!
If it was a form of free speech for Swisher to wear those false honors while he testified, he should be charged with perjury (lying under oath), as his “testimony” was false. It’s one or the other, either the valor law should dtand, or he perjured himself through his [lying] free speech under oath.
I wonder what the total military service time the members of the 9th US Circuit Court of Appeals accrued. I would bet on zero. When the time comes, clean out this den of Californians, President Trump. They are disgraceful in most of their rulings.
AMEN………..
Doesn’t surprise me at all. The supreme court justices, who are obama lackeys, don’t care about the U.S. Constitution at all. They’re going to rule the way obama wants them to.
As a Vietnam Era veteran, I no longer have any doubts about the direction in which America is heading. I also recall a time when being a “progressive” was simply a euphemism for being a communist.
I regard Trump as being a thinly veiled Ross Perot type candidate. Putin is endorsing Trump, and will eat him alive if he’s elected POTUS, in my opinion. Remember when FDR said, “I can talk to Joe (Stalin)?” Remember what happened as a result?
Again, in my opinion, the last thing America needs is another Clinton or Bush in the White House. It seems to me that the only choice the American public is given any more is a choice between what we consider to be the lesser of two evils. What a shame that ostrich mode can never be considered to be a viable option (in my opinion). Ain’t I just full of opinions today?
The vitriol likely to follow this post will, in all likelihood, be both interesting and entertaining.
My medals are for me, not you…the biggest stolen valor I’ve ever witnessed, was Obama taking credit for Seals killing Bin Laden…and Hillary being shot at in Middle East …Maybe in America…but not Middle East!!
VITRIOL……VITRIOL……VITRIOL………VITRIOL!!!
there IS PROBABLY A PURPLE HEART OUT THERE SOMEONE IS WEARING FROM ME. I HAD IT JUST LAYING THERE IN MY HOUSE BACK WHEN I PARTIED A LOT. SOME KID ASKED ME ABOUT IT, AND WHY WOULD I JUST LEAVE IT LAYING AROUND. I TOLD HIM IT MEANT NOTHING ANY MORE. HE ASKED IF HE COULD HAVE IT AND I SAID KNOCK YOURSELF OUT. HE TOOK IT, NEVER SAW HIM AGAIN. THAT WAS IN THE MID 70’S. WONDER IF HE IS TELLING PEOPLE HE EARNED IT. ER, CAN’T REALLY SAY EARNED, SUFFERED IS MORE LIKE IT.
My sister’s received her dad’s medals from WWII, the veteran’s administration had sent them to her by request, after she had found out that he had been awarded these medals while he served in the war. Her dad had never mentioned anything about receiving any medals to the family, Garland was always a quite tempered man, but when she received his medals, they also had his name engraved on the back of them, they were: 1 Silver Star, 1 Bronze Star, and 2 Purple Hearts. We had a hero in our family, and no one ever knew it until he had passed away. Garland was an American Cherokee Indian.
My sister’s received her dad’s medals from WWII, the veteran’s administration had sent them to her by request, after she had found out that he had been awarded these medals while he served in the war. Her dad had never mentioned anything about receiving any medals to the family, Garland was always a quite tempered man, but when she received his medals, they also had his name engraved on the back of them, they were: 1 Silver Star, 1 Bronze Star, and 2 Purple Hearts. We had a hero in our family, and no one ever knew it until he had passed away. Garland was an American Cherokee Indian.