Stolen Valor Act of 2013

The Stolen Valor Act of 2013 is legislation passed by the US Congress and signed into law by President Barack Obama. The law made it illegal for people to benefit from lying about earning military honors that the person did not actually earn. The law can apply to people wearing medals they did not earn, if wearing the unearned medals benefits the person. The 2013 law was a replacement for the Stolen Valor Act of 2005, which was struck down as unconstitutional by the US Supreme Court in 2012. The Stolen Valor laws became popular among the American public in the late 2000s and early 2010s as people started to identify a number of civilians and veterans who were claiming they had earned honors they had not actually earned.

Background

“Stolen valor” occurs when a person wears military medals or claims honors that he or she has not truly earned. Some culprits are civilians who never served in the military. Others are veterans of the military who invent stories to embellish their military records. The idea of stolen valor became popularized in the late 2000s and early 2010s at a time when many Americans were serving in wars and conflicts in the Middle East. Many veterans, active military members, and American civilians became alarmed by imposters wearing medals or claiming to have won medals that they never did. The phenomenon became known as “stolen valor.” Soon veterans’ groups asked politicians to pass laws making these actions illegal.

In 2005 the US Congress passed the Stolen Valor Act of 2005 and President George W. Bush signed it into law. The law made lying about earning military honors a crime. The law stated that “legislative action is necessary to permit law enforcement officers to protect the reputation and meaning of military decorations and medals.”

One of the first people to be prosecuted under the 2005 law was Xavier Alvarez, a California man who claimed to have earned the Congressional Medal of Honor when he had never actually served in the military. Alvarez and his lawyers took the case to the Supreme Court, claiming that the law violated Alvarez’s First Amendment rights to free speech. Lying, they claimed, was a constitutionally protected action. The lawyers for the government claimed that the case was about stealing, not lying. They claimed that the people who claimed unearned honors actually stole prestige and honor from those who actually served, sacrificed, and earned the honors.

In the end, the Supreme Court sided with Alvarez. In a six-to-three decision, the court stated that lying cannot be outlawed, as it could provide a slippery slope for the government to outlaw other types of lying. The justices therefore stated in the majority opinion that the Stolen Valor Act of 2005 was unconstitutional.

Overview

Many veterans’ groups and active military members were angered by the court’s decision. Soon after the 2012 decision, US lawmakers began talking about a revised bill that would better fit the parameters set out by the Supreme Court. The court pointed out that not all lying was illegal, but forms of lying that cause harm may be illegal. For example, perjury is illegal. However, the court claimed that the government could not prove that lying about unearned military honors harmed other people. The court stated that the government would have to prove that the lying caused harm, as perjury causes harm.

Representative Joe Heck, a Republican from Nevada, introduced the updated version of the Stolen Valor Act. Other lawmakers quickly signed onto the bill, which had bipartisan support. The updated law indicated that people could be prosecuted if they materially benefited from lying about unearned military honors. For example, one man who was going to be charged under the old version of the law was booked as a speaker at numerous venues and earned an income because of his claims about his military service. This individual could be prosecuted under the new version of the law since that person benefited financially from his lies.

The House Resolution passed with a vote of 390 to 3 on May 20, 2013. Then the bill moved to the Senate. In the Senate, the bill passed by unanimous consent on May 22, 2013. President Obama signed the bill into law on June 3, 2013.

The Congressional Budget Office (CBO) created a report about the Stolen Valor Act of 2013. The CBO determined that the law would cost the government very little money. This was true in part, the CBO indicated, because the body predicted that few people would actually be prosecuted under the law. Since the law would have to prove that the people lying materially benefited from their lying, the new law would be more difficult to enforce than the 2005 law. The CBO also found that the government might gain some money since violators could be fined.

The Stolen Valor Act of 2013 indicated specific medals and honors that people would be prosecuted for lying about. These honors included:

• the Congressional Medal of Honor
• the distinguished-service cross
• the Navy cross
• the Air Force cross
• the silver star
• the Purple Heart
• the Combat Infantryman's Badge
• the Combat Action Badge
• the Combat Medical Badge
• the Combat Action Ribbon
• the Combat Action Medal
• any replacement or duplicate medal

After Congress passed the updated law in 2013, a number of states followed suit and passed laws that mimicked the updated federal law. Massachusetts, New Jersey, Texas, Pennsylvania, and other states all passed Stolen Valor laws. People found to violate those laws could be fined thousands of dollars and even serve jail time. A number of state charges and federal charges have been filed against people accused of benefiting from stolen valor.

Bibliography

Barnes, Robert. “Supreme Court to Review Stolen Valor Act, Which Outlaws Lying about Military Honors.” Washington Post, 18 Feb. 2012, www.washingtonpost.com/politics/supreme-court-to-review-stolen-valor-act-which-outlaws-lying-about-military-honors/2012/02/14/gIQANoqGMR‗story.html. Accessed 16 Dec. 2019.

“Feds Charge Montco Man with Stolen Valor.” The Mercury, 26 Nov. 2019, www.pottsmerc.com/news/feds-charge-montco-man-with-stolen-valor/article‗0ea4d71a-1064-11ea-a95f-0b5781710c61.html. Accessed 16 Dec. 2019.

Ferran, Lee. “Obama Signs Stolen Valor Act Into Law.” ABC News, 3 Jun. 2013, abcnews.go.com/blogs/headlines/2013/06/obama-signs-stolen-valor-act-into-law. Accessed 16 Dec. 2019.

Gearty, Robert. “Pennsylvania Man Accused of Stolen Valor by Falsely Claiming to Have Been Navy SEAL, POW, Silver Star Recipient.” Fox News, 26 Nov. 2019, www.foxnews.com/us/pennsylvania-man-accused-of-stolen-valor-by-falsely-claiming-to-have-been-navy-seal-pow-silver-star-recipient. Accessed 16 Dec. 2019.

“H.R. 258, the Stolen Valor Act of 2013.” Congressional Budget Office, 2013, www.cbo.gov/publication/44004. Accessed 16 Dec. 2019.

Jordan, Bryant. “Obama Signs New Stolen Valor Act.” Military.com, 2013, www.military.com/daily-news/2013/06/03/obama-signs-new-stolen-valor-act.html. Accessed 16 Dec. 2019.

Lilley, Kevin. “With New Stolen Valor Law, Pennsylvania Is the Latest State to Target Military Fakers.” Military Times, 28 Jun. 2017, www.militarytimes.com/2017/06/28/with-new-stolen-valor-law-pennsylvania-is-the-latest-state-to-target-military-fakers/. Accessed 16 Dec. 2019.

Vogel, Steve. “Supreme Court Strikes Down Stolen Valor Act.” Washington Post, 28 Jun. 2012, www.washingtonpost.com/blogs/federal-eye/post/supreme-court-strikes-down-stolen-valor-act/2012/06/28/gJQA11kC9V‗blog.html. Accessed 16 Dec. 2019.