配戴假勋章 法院判无罪

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The Purple Heart was among the medals Elven Joe Swisher claimed to have received, the AP reported. One is seen here worn by an Army recipient in Baghdad in 2004.
(John Moore / Associated Press)


一名退伍军人配戴假勋章被判刑，11日经联邦上诉法院裁决，此属宪法保障的言论自由，罪名不成立。

联邦第九巡回上诉法院的11名法官特别会议裁决，宪法第一修正案允许国民配戴不属于他们的军功勋章。

爱达荷州居民史威榭 (Elven Joe Swisher)于2007年被判违反“反窃取荣誉法” (Stolen Valor Act)。布什总统于2006年签署的这项法律认定，谎称军功为轻罪。但联邦最高法院于2012年裁决，这项法律违反言论自由。

史威榭于2005年为一件教唆谋杀联邦法官的案子作证时，在证人席上配戴紫心勋章。

他作证称，辛克森 (David Roland Hinkson)给他1万元，要他杀害审理辛克森逃税案的联邦法官。他说，辛克森听说他在韩战中杀了许多人，才找上他。
检察官称，史威榭在韩战结束后一年才加入陆战队，服役期间不曾受伤。他于1957年荣誉退伍，但退伍文件上未显示他获颁任何勋章。

检察官呈交陪审团的一张照片显示，史威榭在2007年的审判中配戴多个勋章，包括银星勋章、紫心勋章、陆战队肩带等。

在联邦最高法院推翻“反窃取荣誉法”后，国会又通过新法，如谎称军功藉以谋利为犯罪行为。欧巴马总统于2013年签署这项法案。

史威榭被判刑后，国会将法案中配戴假勋章属违法的条文删除。


A federal appeals court has dismissed a veteran's conviction for wearing military medals he didn't earn, saying it's free speech protected by the First Amendment

Associated Press           Jan. 11, 2016



By PAUL ELIAS, Associated Press

SAN FRANCISCO (AP) — A federal appeals court on Monday tossed out a veteran's conviction for wearing military medals he didn't earn, saying it was a form of free speech protected by the Constitution.

A specially convened 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the First Amendment allows people to wear unearned military honors.

Elven Joe Swisher of Idaho was convicted in 2007 of violating the Stolen Valor Act, which made it a misdemeanor to falsely claim military accomplishments. President George W. Bush signed it into law in 2006, but the U.S. Supreme Court struck it down in 2012 as a violation of free speech protections.

Investigators looked into Swisher's military claims after he testified at the 2005 trial of a man charged with soliciting the murder of a federal judge. Swisher wore a Purple Heart on the witness stand.

Swisher testified that David Roland Hinkson offered him $10,000 to kill the federal judge presiding over Hinkson's tax-evasion case. Swisher said Hinkson was impressed after Swisher boasted that he killed "many men" during the Korean War.

Prosecutors say Swisher enlisted in the Marine Corps a year after the Korean War ended but was never wounded in the line of duty. Swisher was honorably discharged in 1957, and discharge documents indicate that he didn't receive any medals, according to the 9th Circuit ruling.

During his 2007 trial, prosecutors showed the jury a photograph of Swisher wearing several military medals and awards, including the Silver Star, Navy and Marine Corps Ribbon, Purple Heart, and the Navy and Marine Corps Commendation Medal with a Bronze "V."

Swisher's attorney Joseph Horras of Boise, Idaho, couldn't immediately be reached for comment Monday.

After the Stolen Valor Act was struck down, Congress passed a new law making it a crime to profit financially by lying about military service. President Barack Obama signed it in 2013.

After Swisher's conviction, Congress removed a provision making it illegal to wear unearned medals.