Las Vegas Sun

March 28, 2024

OTHER VOICES:

Lies about military service insult our heroes

American Pulitzer Prize-winning author Carl Sandberg once noted, “Valor is a gift. Those having it never know for sure whether they have it till the test comes.” The history of America was forged by men and women who passed this test. They did so at places whose names echo across our nation’s history — Lexington and Concord, Gettysburg, Belleau Wood, Normandy, Chosin Reservoir, Ia Drang, Fallujah, and countless others. While acts of valor have been replicated across the years on these heroic battlefields, they certainly should never be falsely duplicated in the form of lies about military service and awards.

In 2007, a member of a local water board in California addressed a meeting and told those assembled he had served 25 years in the Marines and was awarded the Medal of Honor. In fact, he had never served in any branch of the military. The individual was found guilty of violating the Stolen Valor Act of 2005, a law that made it a federal misdemeanor to make false claims about military service or awards. Eventually, the case found its way to the Supreme Court, which ruled the law unconstitutional on the grounds that it infringed upon individuals’ right to free speech. And so now, people are once again free to pose as those men and women who have made great sacrifices and displayed exemplary valor in the service of our country without fear of repercussions.

During my three active-duty tours as a member of the Army Reserves, I served alongside soldiers, sailors, airmen and Marines who showed courage under fire and received awards for being wounded in combat and medals for displaying valor. I feel very strongly about protecting the valor of our servicemen and women, and, despite what you may hear about partisan bickering in Washington, I assure you that many of my colleagues share that sentiment. However, the court has indicated that the Stolen Valor Act of 2005 went too far in that it sought to punish certain speech.

I agree that our laws must not stifle free expression. However, it was Justice Stephen Breyer who left the door open to valid congressional action in his concurring opinion, which stated, “a more finely tailored statute ... that shows the false statement caused specific harm or was at least material ... could significantly reduce the threat of First Amendment harm.” In May of 2011, I introduced a bill that would do just that.

The Stolen Valor Act of 2011 makes it a federal misdemeanor for individuals to benefit from lying about their military service, record or awards. My bill seeks to punish those who fabricate military awards or service “with intent to obtain anything of value.” The bill covers issues ranging from lying to receive veterans and health care benefits or obtaining a government contract, to getting a job reserved for a veteran. Benefitting from lying about receiving our nation’s highest honor — the Medal of Honor — would result in up to one year in prison while lesser lies would mean up to a six-month sentence. Additionally, the bill contains a “de minimis” clause that states these penalties would not apply to someone who was, for example, bought a beer at a bar for telling an embellished tale of military service.

Our servicemen and women hold the values of honor, integrity and valor above all others, but sadly, there are some who would seek to tarnish the meaning of exemplary service to the United States of America. If individuals are allowed to freely lie and fabricate stories of military service and awards won on the field of battle, it will cheapen the sanctity of such awards in the eyes of the American people. Those awards were earned for doing extraordinary things under extraordinary circumstances. We can, and should, protect the valor associated with them and ensure that no one can steal it.

Rep. Joe Heck, R-Nev., represents Nevada’s third congressional district. He is a member of the House Armed Services Committee and a colonel in the Army Reserves.

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