Recently, a federal appeals court has ruled on a topic that has left a bunch of people shocked and a little concerned about just how far the Constitution can be interpreted.
The court had tossed out a veteran's conviction. What was he accused of? Wearing military medals he did not earn.
The 9th US Circuit Court of Appeals decided that the right to wear unearned military medals and awards is protected by the First Amendment, or the free speech amendment.
Elven Joe Swisher, native of Idaho, has been in court for this accusation since 2007, back when he was convicted of violating the Stolen Valor Act. This policy made it a misdemeanor to wear military awards that an individual had never properly earned. This policy was originally created by President George W. Bush in 2006, but it had been overturned in 2012 by the Supreme Court, who ruled that the policy was a violation of free speech.
Swisher had been testifying at a murder case in 2005, when it was noticed that he was wearing a Purple Heart medal. The Purple Heart is awarded to soldiers who have been injured by an instrument of war by the enemy, or is given to the families of those who have fallen valiantly in the line of duty. While testifying, Swisher also repeatedly bragged about his military achievements, specifically his "killing of many men" while serving in the Korean War. Ironically, it turns out that Swisher never served in the Korean War. He actually enlisted into the Marines a full year after the Korean War had been over. He was never wounded, he never served in battle. He never even received a single medal or military honor.
When he was on trial, Swisher decided to don a couple more medals. These included the Silver Star, the third highest award given for combat valor, the Marine Corps Ribbon, the infamous Purple Heart, and the Navy and Marine Corps Commendation Medal. All of these are given to those who show valor and extreme bravery and accomplishment while serving for the US Armed Forces.
However, after his trial, Congress ruled that it's totally OK to wear military honors that an individual was never awarded.
After reading about Swisher's case, I was shocked that the US government sided with Swisher. Military medals shouldn't be sold on eBay or on other online sights for as low as a dollar apiece. These awards are a way for the government to say thanks and to show their gratitude for the actions a soldier has performed in battle. They're a way to thank a fallen soldier's family after he or she had been killed in battle.
My grandfather had served in Korea. As an Irish immigrant trying to prove his devotion to his new home, he eagerly signed up to serve. While there, he performed two acts of extreme valor that earned him not one, but two Purple Hearts. I'm not too sure what he did, as he did not like to talk about the horrors he saw in Korea. However, I do know the basics: he was injured while saving a fallen comrade.
One of my friends from high school is currently in training to be a Marine. I know the sacrifices she has made in order to just attend bootcamp, and there's only a whole list of further sacrifices she must make in order to protect and serve the United States. One day, maybe she will receive a medal for her service. That's the least the government could do to recognize her actions.
When the government sided with Swisher, they turned their backs on every single soldier and veteran who has rightfully earned his or her medals.
Military honors should be reserved for those who have earned them -- hence why they're called honors.
