Federal Court Strikes Down Another Example of Overcriminalization

Eric Omdahl / July 26, 2010

A Colorado federal court last week struck down another of Congress’s well-intentioned but poorly drafted criminal laws—a law that exemplifies some of the root problems of overcriminalization.  In a well-reasoned opinion [2010 WL 2802691 (opinion not yet available on the Internet)], the court held that the broad offense in the Stolen Valor Act of 2005 – criminalizing lying or making any misrepresentation about whether a person received a military medal or other award – violates the First Amendment right to free speech.  Such conduct is reprehensible, but this criminal offense was drafted to cover too much conduct, including some that should never be punished criminally.

Heritage brought to light the serious problems with the Stolen Valor Act, along with over 250 other improper criminal offenses, in Without Intent, a major report it released this spring.  Just like the Stolen Valor Act, about 60 percent of the offenses studied in Without Intent lacked adequate criminal-intent requirements to protect those who violate the law without criminal intent.  The way the Stolen Valor Act is written, even a G.I. who honestly – but mistakenly – believed that his commanding officer had “put in” for a military award could be fined and spend a year in federal prison. (more…)