7:2 Stolen Valor Act: Unconstitutional?

Richard Glen Strandlof

Richard Duncan, Capt, USMC, Veteran.  Annapolis graduate, survivor of the 11 Sept 2001 attack on the Pentagon, three-tour veteran of the Iraq War, Capt Duncan received a wound by an improvised explosive device (IED) during his second tour in Iraq.  Launching an organization, the Colorado Veterans Alliance, an American hero himself, supported the local vets in Colorado Springs and purportedly had a mailing list of 32,000 veterans.  Rick Duncan, graduate of Annapolis actually graduated in 1948—an individual internal to the organization that Rick Duncan created grew suspicious of Rick.  Eventually finding out Capt Rick Duncan was actually Richard Glen Strandlof, a convicted felon, and a long history of fraud followed

The Federal government issued an arrest warrant in October of 2009 and charged Strandlhof with one count of making false claims about receipt of military decorations, under the Stolen Valor Act.

The Stolen Valor Act, Public Law 109-437 by the 109^th Congress, found that 1) Fraudulent claims surrounding the receipt of the Medal of Honor, the Distinguished Service Cross, the Navy Cross, the Air Force Cross, the Purple Heart, and other decorations and medals awarded by the President or the Armed Forces of the United States damage the reputation and meaning of such decorations and medals.  2) Federal law enforcement officers have limited ability to prosecute fraudulent claims of receipt of military decorations and medals.  3) Legislative action is necessary to permit law enforcement officers to protect the reputation and meaning of military decorations and medals. 

Just a few days ago, US District Judge Robert Blackburn dismissed the case against Richard Strandlof and found the Stolen Valor Act was unconstitutional because it violated his freedom of speech.  That “the government did not show it has a compelling reason to restrict that type of statement.”  “This wholly unsubstantiated assertion is, frankly, shocking and, indeed, unintentionally insulting to the profound sacrifices of military personnel the Stolen Valor Act purports to honor," Blackburn wrote. "To suggest that the battlefield heroism of our servicemen and women is motivated in any way, let alone in a compelling way, by considerations of whether a medal may be awarded simply defies my comprehension.” 

I for one believe that he should face punishment.  Strandlof’s only intentions were fraudulent and eventually would have again, taken the money and run as he did in Nevada.  I guess, people on the other side of the fence make the claim that the Stolen Valor Act does, in some way violate one’s right to free speech.  The Act does have holes that I think should be repaired to make it a more solid law—this is the reason why Strandlof wasn’t punished and many more will continue to press on with life without punishment.  On the other hand, bringing these folks to court, pressing their photos on the web and the media also pressing his/her photos out to the public, is punishment as well.  Until Congress decides to update the law, it will continue to be shot down in a court of law or until a higher court strikes down Judge Robert Blackburn’s ruling.  This case hasn’t killed this Act, so we can count on hearing more about the Stolen Valor Act in the future.

Source Story:  Associated Press

Photo Source:  Richard Strandlof, Medals