SCOTUS sez wearing fake military medals not a crime

[Kit Walker]

If he uses it to his advantage to get a job or some other monetary benefit or acquisition, then you have a problem

I agree, but how would one define all that? Hypotheticals:

1) Someone runs a political blog, selling ads on it, and their "Author Info" picture has them in a military uniform with several medals on it. Nowhere in the bio do they claim to have ever been in the military, just vaguely saying they "worked for Uncle Sam for a few years". They're not actually lying about the medals, nor are they directly profiting off of them, and they're not claiming military service. It is pretty clear that they're using the photo and the vague job descriptor to lead readers to believe they were in the military and therefore try to buy their opinion some weight, but they would argue that people are visiting their site for the commentary and the picture is inconsequential. Should that be illegal?

2) Someone is spinning bullshit about the danger of Sharia law on the church-speaking circuit. Comes into local Christian churches and gives a presentation about how Muslims are taking over Europe and we have to fight to keep America a Christian Nation, that sort of thing. They have a little table set up in the lobby where people can come take a pamphlet and ask questions before and after the service, and on that table they have a little display case with six impressive looking (but aren't they all to most civilians?) military medals in it. The only actual qualification they claim is their double major in Political Science and Truthology from Christian Tech, but use only vague terms when asked about the medals. Most people walk away thinking that the speaker has military service they simply don't like to talk much about, but the speaker is not in any way lying to them. They get a speaking fee and ask for donations to their ministry. Should this be illegal?

[N. De Plume]

Yeah, I agree with Kit “Just Wearing Medals” seems a lot like “Just Asking Questions.” It can carry a lot of heavy implications, particularly where certain individuals’ credibility is concerned.

[Kit Walker]

You misunderstand. I agree with them that wearing the medals, be it for reasons of fashion (they look cool) or costuming (wanting the costume to look accurate), is constitutionally protected. I agree with them that using the medals to back up a false claim of military service, particularly for the motive of profit, is immoral and should probably be illegal. However, I question where one draws the line on "false claim" and "for profit". Shit, a kid using some medals to make their Halloween Trick or Treating Costume look cooler could arguably fit those criteria.

[N. De Plume]

You misunderstand. I agree with them that wearing the medals, be it for reasons of fashion (they look cool) or costuming (wanting the costume to look accurate), is constitutionally protected. I agree with them that using the medals to back up a false claim of military service, particularly for the motive of profit, is immoral and should probably be illegal. However, I question where one draws the line on "false claim" and "for profit". Shit, a kid using some medals to make their Halloween Trick or Treating Costume look cooler could arguably fit those criteria.

No. That’s pretty much what I was thinking.

Except perhaps for the fashion part. I’m not certain how wearing medals “for fashion” makes much sense when you know there is supposed to be far more meaning behind it than just it looking cool. If that’s all you want anyway, more often than not you can probably make something that is more obviously a fashion statement. When what you wear can send a message, you have to be certain it is sending the message you want.

[Osama bin Bambi]

I think it's disrespectful to wear a fake military medal and then claim that you actually received it in combat. In my opinion, simply wearing a fake medal in and of itself is not as concerning, unless they're using it to trick or defraud others. But say you're a Civil War re-enactor or something, or if you're in some other situation where everyone knows the medals are fake, I don't see the problem there.

[tygerarmy]

I was having this discussion with some military people I work with.  We were split on it.  Fraud should be a crime.Wearing on the book cover.  I don't know.  You couldn't wear a uniform so you'd really just be wearing medals on civilian clothes.  But it's still false advertising.

I brought up wearing real medals on fake uniforms, getting the Medal of Honor for serving on Star Fleet.  Or what about fake medals?  The Space Combat Action Badge.  Where is the line?

[Kit Walker]

No. That’s pretty much what I was thinking.

My apologies then.

Except perhaps for the fashion part. I’m not certain how wearing medals “for fashion” makes much sense when you know there is supposed to be far more meaning behind it than just it looking cool. If that’s all you want anyway, more often than not you can probably make something that is more obviously a fashion statement. When what you wear can send a message, you have to be certain it is sending the message you want.

But that kind gets into the Mason Ring Argument a little bit. Penn Jillette tells this story about a friend of his who thinks that Mason Rings (as in Freemasons) look pretty cool, so he wears one. People will ask him if he's a Mason, he'll say no, and they'll say that only Masons are allowed to wear Mason rings. He then points out that he's not Mason, as such the rules of the Freemasons don't apply to him, therefore he can wear the ring all he wants.

In this case: Let's say some punk rocker type thinks the medals look cool, so he buys some second hand. But wait! You can't wear those unless you earned them! But that's a military rule, and he's not in the military.

[tygerarmy]

No. That’s pretty much what I was thinking.

My apologies then.

Except perhaps for the fashion part. I’m not certain how wearing medals “for fashion” makes much sense when you know there is supposed to be far more meaning behind it than just it looking cool. If that’s all you want anyway, more often than not you can probably make something that is more obviously a fashion statement. When what you wear can send a message, you have to be certain it is sending the message you want.

But that kind gets into the Mason Ring Argument a little bit. Penn Jillette tells this story about a friend of his who thinks that Mason Rings (as in Freemasons) look pretty cool, so he wears one. People will ask him if he's a Mason, he'll say no, and they'll say that only Masons are allowed to wear Mason rings. He then points out that he's not Mason, as such the rules of the Freemasons don't apply to him, therefore he can wear the ring all he wants.

In this case: Let's say some punk rocker type thinks the medals look cool, so he buys some second hand. But wait! You can't wear those unless you earned them! But that's a military rule, and he's not in the military.

That logic doesn't always work.  I'm not a police officer so I can wear a police badge.

[Kit Walker]

That logic doesn't always work.  I'm not a police officer so I can wear a police badge.

As long as you weren't trying to pass yourself off as one, and it wasn't stolen, you probably could.

[tygerarmy]

By wearing a Police Badge you are impersonating a Police Officer. 
Masons are an organization.  So the I'm not a Mason I can wear the ring their rules don't apply to me logic is okay.
Just like I can wear a cross and not be Christian.
Or I can eat pork and no one can do anything about it.

You don't get to keep a Police, FBI, or Military ID after you're out.  When I leave the Army I turn in my ID. 
People should be allowed to own and display Medals they've acquired but not wear them.  People should be allowed to wear fake medals.  Like Halloween costumes are not actual uniforms, even if they're close they've always got things wrong with them, so it's okay.

[Osama bin Bambi]

It's legal to dress up as a police officer, but it's not legal to impersonate one. For instance, there's nothing wrong with dressing up as a cop for a Halloween party, but if you start trick-or-treating and trying to pass yourself off as a real cop so you can get more candy, then that's against the law.

Most fake badges look really shoddy anyway.

The difference between wearing a police badge and wearing a military medal or Mason ring is that anyone who looks like a policeman can be mistaken for someone who carries legal authority. Being a veteran with war medals, while a state function, does not really grant you any special legal authority. And being a Freemason doesn't grant you any state privileges except the opportunity to sit in on Secret World Government meetings.

[N. De Plume]

Being a veteran with war medals, while a state function, does not really grant you any special legal authority.

Nah, it just gives you rhetorical in certain social circles.

[Old Viking]

I wear a Phi Beta Kappa key, but wincing when I try to think often gives me away.