Counselor’s Corner:

Did you know that this country has a Stolen Valor Act? The Stolen Valor Act was passed in 2005, and it forbids people from lying about receiving medals or decorations pertaining to the military or wearing medals one has not earned. Well, someone has now been charged with violating the Stolen Valor Act, and he is the first person in the country to have been so charged for his words only, rather than wearing unearned medals.

The defendant is named Xavier Alvarez who, while appearing as a new member of the water board in Pomona at a public meeting in July 2007, claimed that he was a recipient of the Congressional Medal of Honor as a retired Marine. Alvarez later admitted that this was not true.

No, he had not received what is the highest award one can receive as a member of the military, nor had he even served his country in uniform.

This is a federal court case, and Alvarez’s attorneys are asking the judge, U.S. District Court Judge Edward Rafeedie in Los Angeles, to throw the case out claiming that the 1st Amendment protects Alvarez.

Needless to say, the federal prosecutors have a different point of view, acknowledging that the need of the federal government to protect the integrity of our military trumps the 1st Amendment in this case.

The prosecutor in this case, Craig Missakian, claims that “the 1st Amendment is intended to protect the free exchange of ideas, not to protect someone who lies about his qualifications.”

This argument is countered by Alvarez’s attorney, Brianna Fuller, who says that “falsehoods are not outside the realm of 1st Amendment protection .?.?. therefore restrictions on false statements must be supported by a strong government interest and must be directly related to that interest. The government’s stated interest in this law, protecting the reputation of military declarations is insufficient.”

So let’s go back to July of last year. Alvarez gets elected to the South Pomona Three Valleys Municipal Water District. I didn’t know they had one. However, Alvarez got himself elected. He then attended a meeting of the neighboring Walnut Valley Water District Board, where he introduced himself and made his false claim.

Somehow or another, several of those in attendance just weren’t buying what Alvarez was selling, and they actually took the time to contact federal authorities. This led to Alvarez being charged.