I Couldn't Agree More
 

From yesterday's Rush:

• "I'm starting to agree with those of you that have called me and said we have way too many idiots in this country."

http://www.rushlimbaugh.com/home/dai...100.guest.html

I agree with Rush, only it's not so much the number of idiots we have in the country so much as the number of idiots in the Executive Branch.

I Couldn't Agree More
 

yeah. hehhehehe, that's funny. heh heeh hehe.

I Couldn't Agree More
 

Watch it - or we go back to trombone jokes.

I Couldn't Agree More
 

I thought Rush's "Barack the Magic Negro" was pretty good.

I Couldn't Agree More
 

Is there a k race going on?

First Amendment, anyone?
 

WSJ Law Blog:

• Under the Stolen Valor Act (18 U.S.C. Section 704), signed into law by President Bush last December, “anyone who knowingly wears, manufactures, or sells any decoration or medal authorized by Congress for the U.S. armed forces, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.”
  
  On April 30, the U.S. Attorney’s office in Manhattan arrested Lowell Craig McGuinn for wearing service medals and badges, including the silver cross, purple heart, and silver star, that he did not earn. He pleaded not guilty. Here’s the government’s complaint and the story from the Daily News. The News says that McGuinn is the first person in the nation to be prosecuted under the new law, which broadens the provisions of a federal law that only covered the Medal of Honor.

OK, that's nuts.

First Amendment, anyone?
 

I agree that's nuts.

Didn't some guy just give W his Purple Heart? Is he being investigated?

First Amendment, anyone?
 

Is that law even constitutional?

First Amendment, anyone?
 

I would think one could make a pretty good first amendment argument, at least as applied. Dunno why he was wearing the badges, but I'll bet he can come up with a first amendment protected reason.

It would be another matter if the law required that there be fraud involved (e.g., used the medal to get cheap movie tickets).

First Amendment, anyone?
 

I know a couple of people who wear medals earned by ancestors on Veteran's Day. I suppose I should let them know that they're felons.

ETA: It looks like they could have prosecuted the guy under some sort of fraud in the inducement charge instead.

ETAagain: and I suspect people who really earned the Silver Star would be mightily pissed off at someone who wore it for show.

First Amendment, anyone?
 

wiki says the 1903 design was patented and when the patent expired Congress passed the original law. Why can't the government regulate the use of things it issues? it looks like there have been regular prosecutions, and I'm sure you guys aren't the first to come up with the "not constitutional" argument so I'm sure it's all okay.

First Amendment, anyone?
 

Excellent analysis.

First Amendment, anyone?
 

The government can grant patents and copyrights and trademarks. if you violate one of these the governement can stop you, I think EVEN IF you were only copying to exercise your free speech rights. The copyright law even has criminal sanctions.

I don't do defendant cases often, but next time should I add "IP law is unconstitutional" affirmative defense?

First Amendment, anyone?
 

Yes, I think you should. Let us know how it turns out.

First Amendment, anyone?
 

Excellant analysis. Have any of your client ever had legal problems?

First Amendment, anyone?
 

Yes, thankfully.

First Amendment, anyone?
 

I would have been more pointed, but that would be outable/cruel.

Try this: can a Jew in the military exercise his first amendment right to wear a Yamulka? in a world where that got tested, believe me, the MofH law would have been tested if there was an argument.

And just to help you get your pointy brain back onto Hatch act violations or something, Ty posted because the law seemed strange, not as an anti-Bush hit. just so you know, the prosecution continued through clinton admin, so you know, it isn't another huge scandal.

First Amendment, anyone?
 

Yeah, whatever.

So what?

The prosecution is nuts. I said that. I further pointed out that W recently accepted someone else's PH. Should he be prosecuted for copyright infringement? Or do you take the position that the President can't violate the law*?


*Except for the serious, serious crime of perjury about a blowjob.

First Amendment, anyone?
 

What if the medals were merely tossed over a fence?

First Amendment, anyone?
 

You say it is unconstitutional w/o any support. I am certainly not an expert on Con law. But ACLU does tend to look for shit to challenge, no?



Go google why they do this rather than speaking solely based on ignorance.

2 questions:does Hatch act carry prison time?

Are you generally against sexual harassment, or just against it when it is Billy?

First Amendment, anyone?
 

Really? Even for a non-commercial purpose?

So Snidely Condescending is a Hank sock?

First Amendment, anyone?
 

Littering, but probably a misdemeanor, not a felony.

First Amendment, anyone?
 

It costs you your job. At least in theory.

First Amendment, anyone?
 

cite please

First Amendment, anyone?
 

Patents, yes. TMs, yes. Copyrights have certain exceptions, but they aren't that broad.

If congress couldn't make some "speech" illegal if it interfaces with Governemnt shit, how could there be a Hatch act?

First Amendment, anyone?
 

• An employee who violates the Hatch Act shall be removed from their position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual. However, if the Merit Systems Protection Board finds by unanimous vote that the violation does not warrant removal, a penalty of not less than 30 days' suspension without pay shall be imposed by direction of the Board.

linky (a quotation of 5 U.S.C. s 7321)

You can't Google "Hatch Act" like I can? First result.

First Amendment, anyone?
 

In Detroit, it is illegal to ogle a woman from a moving car.

Which law do you think we would find the last enforcement of, which is what I meant.

First Amendment, anyone?
 

If Colorado Springs is south of Denver, how could Seattle be north of Tacoma?

First Amendment, anyone?
 

Is it your impression that there are lots of federal employees engaged in political activities on the job? Mine was that they pretty well know not to do that sort of thing.

First Amendment, anyone?
 

oh. my point was that you guys can't just say "it abridges 'free speech' " because the government does that all the time. explain how the medal law is different if you want to discuss.

First Amendment, anyone?
 

maybe one big diff is that I worked in the government and in congressional campaigns?

First Amendment, anyone?
 

It seems to violate the First Amendment. It looks to me like a content-based restriction on expression not justified by any of the sorts of reasons that might justify that sort of thing. Do you disagree?

First Amendment, anyone?
 

Woodward and Bernstein called this sort of thing a "non-denial denial."

First Amendment, anyone?
 

which, hatch act or the medal law? or intellectual property?

First Amendment, anyone?
 

The medal law.

First Amendment, anyone?
 

Yes.

S_A_M

First Amendment, anyone?
 

2. But something needs to be done about dudes dressing in quasi police/FBI or whatever mode knowing some people mistake them for the real thing. Some of them do it to get closer to their rape/murder victim. The other day I saw some dude pulled aside by federal agents and local police near Penn Station. The guy was riding a bike around in pants with an orangey stripe down each side, some sort of fake badge on his shirt, an FBI hat and 2 huge walkey talky thingeys, one on each side sticking out of his waistband. The cops/agents were looking at his walkey talkeys and I overheard them remark that they were fake. Surprisingly, they let him go after calling in his id or something on their (functioning) walkie talkies. And they gave him back his "gear".

First Amendment, anyone?
 

I'd also better be careful wearing those medals (and Red Army hat) I picked up at a street bazaar in Riga.

First Amendment, anyone?
 

I didn't read why congress passed the law, twice, but I did read about enforcement. It seems like there are twice as many people claiming to be medal of honor winners as there are alive. there are 3 times as many people wearing Navy Seals patches as there are former Seals. And all of these people use the fake status to get free stuff, or acclaim or whatever, from their towns and local businesses etc.

I could see whatever justifies the Hatch act being met by the medal law.