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'Stolen Valor' law challenged in court

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by Ron Seman

Three years ago, the Stolen Valor Act became the law of the land.

The intent was, as then Sen. Conrad Burns (R-Montana) said at the time, "to protect the reputation of our military heroes with the full force of law. Those who seek to steal recognition that they have not earned must be held accountable and brought to justice."

The story appears in the current issue of The American Legion Magazine.

Unfortunately, that law is under attack from the ACLU and others who say it violates First Amendment protections.

Three cases moving through the courts will test the law's constitutionality. In California, Xavier Alvarez, a municipal water board member, claimed he was a former Marine with 25 years of service and the Congressional Medal of Honor.

In Colorado, Rick Strandlof -- aka Rick Duncan -- claimed he was a Naval Academy graduate who served in the Pentagon on 9/11 and as a battalion commander for a Marine unit in Fallujah. He said he was wounded in the battle and received a Silver Star for valor.

And in Houston, Michael Patrick McManus attended a political function in a general's uniform replete with the Distinguished Service Cross, a Purple Heart, a Silver Star and a Combat Infantryman's Badge with two stars.

Not one of these men's claims withstood the scrutiny of skeptical veterans who requested discharge papers proving the alleged military honors. Alvarez's case is on appeal to the Ninth Circuit Court of Appeals, Strandlof's case is working its way through the District Court of Colorado, and U.S. attorneys in Houston are preparing a case against McManus.

The American Legion is posting developments and analyses on its blog, The Burn Pit.

At issue essentially is whether lies are protected speech. According to a brief filed by the Rutherford Institute, which is backing Strandlof and the ACLU position, "False claims of military distinction do not in any real sense diminish the honor earned and bestowed on those who have truly earned this nation's highest military award."

The government responded, "To the contrary, 'substantial harm' is indeed caused by false claims of military honors. People who lie about having received military decorations generally do so for a reason. They seek to deceive others for personal gain, and to try to manipulate people's behavior through falsehood."

Does it ever end?

For a look at the complete story, visit www.legion.org/burnpit

* * *

The Polish Legion of American Veterans and Auxiliaries are hosting their 49th Annual Evening in Warsaw at the Birchwood Banquet & Party Center, 7540 Northfield Road (one block north of Alexander Road) on April 10.

Doors open at 4 p.m. An ice breaker is set for 4 to 5 p.m., with dinner served at 5:30 p.m. Ralph Szubski, "The Accordion Man," will provide ethnic and American music for dancing from 6 to 10 p.m.

Other features include drawings, sideboards, baskets and a Chinese raffle.

Tickets are $30 per person and include dinner and an open bar. For more information, call Ken Milenovic at 216-524-3908 or Dick Boll at 440-885-5925.

Proceeds from the dinner will benefit veterans at area medical centers and our troops.

* * *

Send items about your post and auxiliary events and activities, including elections, awards, and food functions. Other veterans are interested in what your organization is doing and may wish to participate. Send information to Ron Seman, 5811 Renwood Drive, Parma, Ohio 44129, or e-mail to SemanRJ@aol.com. Thanks.

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Remember our men and women serving America in Iraq, Afghanistan and Pakistan. Write a letter, send them a package of goodies, and tell them you support their mission, pray for their safety, and look forward to seeing them soon.