The U.S. Ninth Circuit Court of Appeals upheld a ruling against a former Marine, Elven Joe Swisher, who claimed to have earned a Silver Star in secret military action in Korea in 1955. He was granted disability but was later found to have lied and was convicted for stealing government benefits and wearing an unearned military medal. The decision made a distinction between claiming to have earned the medal, speech, and actually wearing it, conduct. (San Francisco Chronicle, October 29, 2014, by Bob Egelko)
The Supreme Court struck down the Stolen Valor Act in 2002 as a violation of free speech, but the Ninth Circuit based its decision on a 2012 ruling that held that the law criminalized the unauthorized wearing of medals “only when the wearer intends to deceive.” (Courthouse News Service, October 29, 2014, by Tim Hull)