9th Circuit en banc today "Stolen Valors Act" unconstitutional (Read 5790 times)

suka

Yesterday Jan 12 , 2016 the 9th Circuit ruled that parts of the Stolen Valors Act signed by Obama in 2013 is Unconstitutional.


Portions of the Stolen Valor Act are unconstitutional under the First Amendment, an 11-judge en banc panel of the
San Francisco-based 9th U.S. Circuit Court of Appeals on Monday reversed Elven Joe Swisher’s conviction for wearing the medals.


http://www.foxnews.com/us/2016/01/12/stolen-valor-conviction-overturned-by-federal-appeals-court.html

macsak

Re: 9th Circuit en banc today "Stolen Valors Act" unconstitutional
« Reply #1 on: January 12, 2016, 08:30:38 PM »
Yesterday Jan 12 , 2016 the 9th Circuit ruled that parts of the Stolen Valors Act signed by Obama in 2013 is Unconstitutional.


Portions of the Stolen Valor Act are unconstitutional under the First Amendment standards, an 11-judge en banc panel of the
San Francisco-based 9th U.S. Circuit Court of Appeals on Monday reversed Elven Joe Swisher’s conviction for wearing the medals.


http://www.foxnews.com/us/2016/01/12/stolen-valor-conviction-overturned-by-federal-appeals-court.html

saw that earlier, didn't get a chance to post
i don't have as much hope as before regarding peruta and baker now
how the hell does fraud become free speech?

suka

Re: 9th Circuit en banc today "Stolen Valors Act" unconstitutional
« Reply #2 on: January 12, 2016, 08:33:00 PM »
United States v. Swisher, 11-35796

Three-Judge Panel Opinion: 771 F.3d 514 (9th Cir. 2014)

Order Taking Case En Banc: 785 F.3d 1365 (9th Cir. 2015)

Date of Order Taking Case En Banc:  May 19, 2015

Status: Argued and submitted September 9, 2015, at 10:00 a.m., in San Francisco, California

Members of En Banc Court:  Chief Judge Thomas, Judges Reinhardt, Kozinski, McKeown, Berzon, Clifton, Bybee, Ikuta, N.R. Smith, Nguyen and Watford

Subject Matter: Appeal from district court's denial of defendant's 28 U.S.C. 2255 motion challenging his conviction for wearing military medals without authorization in violation of 18 U.S.C. 704(a) (2002 ed.)

Holding: Jan 16, 2016







 

Peruta v. County of San Diego, 10-56971

Three-Judge Panel Opinions: 742 F.3d 1144 (9th Cir. 2014); 771 F.3d 570 (9th Cir. 2014)

Order Taking Case En Banc: 781 F.3d 1106 (9th Cir. 2015)

Date of Order Taking Case En Banc:  March 26, 2015

Status: Argued and submitted June 16, 2015, at 3:30 p.m., in San Francisco, California; consolidated with Richards v. Prieto, 11-16255

Members of En Banc Court:  Chief Judge Thomas, Judges Pregerson, Silverman, Graber, McKeown, W. Fletcher, Paez, Callahan, Bea, N.R. Smith and Owens

Subject Matter: Appeal by County of San Diego residents challenging under the Second Amendment the County's policies for obtaining a license to carry a concealed weapon 

Holding: Not yet decided

« Last Edit: January 12, 2016, 08:39:23 PM by suka »

suka

Re: 9th Circuit en banc today "Stolen Valors Act" unconstitutional
« Reply #3 on: January 12, 2016, 08:36:47 PM »
saw that earlier, didn't get a chance to post
i don't have as much hope as before regarding peruta and baker now
how the hell does fraud become free speech?

Much the opposite from you, I feel it would favor Peruta

But all the Judges are different from both cases besides Smith, Mckeown and Thomas

macsak

Re: 9th Circuit en banc today "Stolen Valors Act" unconstitutional
« Reply #4 on: January 12, 2016, 08:49:52 PM »
Much the opposite from you, I feel it would favor Peruta


how so, suka?

suka

Re: 9th Circuit en banc today "Stolen Valors Act" unconstitutional
« Reply #5 on: January 12, 2016, 08:55:57 PM »
how so, suka?

It favors the Constitution , instead of a written Law passed by Congress and signed by a President.

hvybarrels

Re: 9th Circuit en banc today "Stolen Valors Act" unconstitutional
« Reply #6 on: January 12, 2016, 09:10:26 PM »
Yeah I'd rather let constitution do it's job, especially because social media is so good at tracking down people and shaming them these days. Save money on enforcement and gain some free entertainment.
Is an armadillo just a tactical opossum?

mauidog

Re: 9th Circuit en banc today "Stolen Valors Act" unconstitutional
« Reply #7 on: January 12, 2016, 09:40:18 PM »
I know for a fact many of these scumbags wearing uniforms are doing it for the discounts businesses give, and of course, to panhandle as they pretend to be disabled vets.

An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

eyeeatingfish

Re: 9th Circuit en banc today "Stolen Valors Act" unconstitutional
« Reply #8 on: January 13, 2016, 12:38:23 AM »
And is an interesting case. It appears the Court said that you can't be punished for wearing metals falsely but you can be for using it to profit.  I think the key part of all of this is that you count deceive people in order to benefit you financially. The same way there are laws that a retail establishment can't lie about a product they sell.