By Dan Zhang
Dan Zhang is a student at the University of Pennsylvania.
In United States v. Swisher (2014), the U.S. Court of Appeals for the Ninth Circuit, citing United States v. Perelman (2012) [1], held that the First Amendment does not prevent Congress from criminalizing the act of wearing military medals without authorization and with intent to deceive. [2] This ruling may have implications for future cases involving First Amendment rights.
The defendant, Elvin Swisher, was enlisted in the United States Marine Corps from 1954 to 1957. Since being honorably discharged, Swisher twice applied for disability benefits from the Department of Veterans Affairs (formerly the Veterans Administration), once in 1958 and again in 2001. In both claims, Swisher recounted events that involved him being awarded several military medals. Swisher’s 2001 claim for service-related Post-Traumatic Stress Disorder benefits was honored. However, in 2002, the VA received information from military personnel that the 2001 application contained fraudulent information. In 2006, further investigation demonstrated that the application was indeed forged, and the VA reversed its 2001 decision, compelling Swisher to pay back the benefits.
Dan Zhang is a student at the University of Pennsylvania.
In United States v. Swisher (2014), the U.S. Court of Appeals for the Ninth Circuit, citing United States v. Perelman (2012) [1], held that the First Amendment does not prevent Congress from criminalizing the act of wearing military medals without authorization and with intent to deceive. [2] This ruling may have implications for future cases involving First Amendment rights.
The defendant, Elvin Swisher, was enlisted in the United States Marine Corps from 1954 to 1957. Since being honorably discharged, Swisher twice applied for disability benefits from the Department of Veterans Affairs (formerly the Veterans Administration), once in 1958 and again in 2001. In both claims, Swisher recounted events that involved him being awarded several military medals. Swisher’s 2001 claim for service-related Post-Traumatic Stress Disorder benefits was honored. However, in 2002, the VA received information from military personnel that the 2001 application contained fraudulent information. In 2006, further investigation demonstrated that the application was indeed forged, and the VA reversed its 2001 decision, compelling Swisher to pay back the benefits.
