AMVETS CALLS STOLEN VALOR RULING ‘MISCARRIAGE OF JUSTICE,’ URGES APPEAL

LANHAM, Md., August 20, 2010—AMVETS leaders publicly reacted today to a 9th Circuit Court of Appeals ruling overturning the Stolen Valor Act of 2005 conviction of Xavier Alvarez, an elected member of a California municipal water board. The verdict is similar to the July ruling of U.S. District Court in Colorado in which the Stolen Valor conviction of notorious phony veteran Rick Strandlof was overturned on free speech grounds.
AMVETS National Commander Duane Miskulin called the ruling shocking and disgraceful, and urged an immediate appeal.

“Tuesday’s ruling by the 9th U.S. Circuit Court of Appeals that the Stolen Valor Act of 2005 is an unconstitutional infringement of free-speech rights is an outrageous miscarriage of justice,” said Miskulin. “The majority decision fails to recognize Supreme Court precedent that false statements are not entitled to First Amendment protection, as well as the very real harm military phonies cause to the veterans community.”
 The veterans’ community has demonstrated time and again the actual harm Stolen Valor does to our nation’s veterans and the way false claims impact public perception of our nation’s heroes. AMVETS calls for an immediate appeal to the 9th Circuit Court’s appalling and misguided ruling.

Alvarez claimed to be a combat-wounded, 25-year Marine Corps veteran who earned the Medal of Honor in 1987. His easily-disproven military service claim is not his only legal problem.  Currently, Alvarez is serving a five-year sentence in a California state prison for misappropriating public funds by claiming health insurance benefits for his ex-wife.
“As in the case of Rick Strandlof, as well as so many others, Alvarez demonstrates Stolen Valor is not a victimless crime,” said Miskulin. “As a public official, his unlawful claims were intended to cultivate reverence and esteem from members of his community. He violated the public trust and cast a shadow of suspicion over legitimate veterans.”

Since the Stolen Valor Act was signed into law, more phony veterans have been exposed, but characters like Alvarez and Strandlof continue to emerge, spreading lies about their purported heroic military service.

Last year, AMVETS mobilized its effort to root out phonies by launching ReportStolenValor.org, where headlines of Stolen Valor are routinely updated and concerned citizens can find relevant contact information to root out fakers. AMVETS was the first major veterans’ organization to take up the cause.

About AMVETS:
A leader since 1944 in preserving the freedoms secured by America’s armed forces, AMVETS provides support for veterans and the active military in procuring their earned entitlements, as well as community service and legislative reform that enhances the quality of life for this nation’s citizens and veterans alike. AMVETS is one of the largest congressionally-chartered veterans’ service organizations in the United States, and includes members from each branch of the military, including the National Guard and Reserves. To learn more visit www.amvets.org.