WASHINGTON REPORT
Supreme Court Strikes Down Stolen Valor Law
The Supreme Court on Thursday struck down the Stolen Valor Act (PL 109-437) that made it a crime to lie about one's military service and decorations. The Court said the law intrudes on free speech saying it is perfectly okay to lie about military service awards.
"Permitting the Government to decree this speech to be a criminal offense would endorse government authority to compile a list of subjects about which false statements are punishable," the ruling states. "That governmental power has no clear limiting principle."
Early in the case, NAUS cosigned an amicus brief to the Court making our argument to uphold the law, which we now know did not happen. Though we respect the Court decision, we continue to view fabrication of military service records and awards as repulsive behavior, lying and fraud. We look forward to Congress taking a second look at developing a constitutional way to stop those who would steal or impersonate another’s valor.
Response to Court: Stolen Valor, Second Look
In response to the Court decision, Congressman Joe Heck (R-NV) said, "Now that the Supreme Court has laid down this marker, I will be pushing for a vote on a version of the Stolen Valor Act that will pass constitutional scrutiny."
Congressman Heck has introduced H.R. 1775, a revised Stolen Valor Act, which would make it illegal for individuals to benefit from lying about their military service, record, or awards. According to the Nevada Republican his bill would pass constitutional review on the grounds that it does not attempt to limit speech basing the bill on whether an individual benefits from the lying. Rep. Heck's bill has 52 bipartisan co-sponsors. Senator Scott Brown (R-MA) has introduced the Senate companion bill, S. 1728.
NAUS is asking for your help in contacting your elected officials to gain support for H.R. 1775. Please click on this CapWiz Alert to send an email. Please ask your family, friends and neighbors to become involved too. Free speech is one thing but deliberately lying for gain or to impress others demeans the sacrifices made by all real veterans.
NAUS Supported GAIN Act Approved
Last week witnessed advancement of the Generating Antibiotics Incentives Now Act (GAIN Act) as part of the Food and Drug Administration Safety and Innovation Act (S. 3187). This week the Senate approved the NAUS endorsed bill this week and will send it to the President for signature into law.
NAUS has covered this measure extensively in our member magazine the NAUS Uniformed Services Journal (USJ) and as readers know, the GAIN Act is commonsense legislation that provides market incentives to encourage innovation in the development of drugs to fight currently untreatable multidrug resistant bacteria without putting federal dollars at stake.
Final passage of the GAIN Act will help fight drug-resistant infections that have increasingly affected troops returning from Iraq and Afghanistan, as many of them have been exposed to a new, highly-resistant and contagious strain of Acinetobacter (Iraqibacter) bacteria.
Approximately 3,300 service members were treated for drug-resistant Acinetobacter between 2004 and 2009. Among these cases, 89 percent are resistant to at least three classes of antibiotics and 15 percent are resistant to all forms of treatment.
NAUS considers the passage of this bill as an important step and it is hopeful that the incentives provided in the GAIN Act will encourage drug makers to develop new treatments. We encourage readers of our Update to join NAUS members and receive our award winning USJ.
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