Supreme Court Says NO to Stolen Valor Law

On Thursday the Supreme Court ruled that the Stolen Valor Act of 2006 was an infringement of the
First Amendment protecting free speech.  By a vote of 6-3 the justices decided that it is okay to lie
about military service and honors and awards.

Justice Anthony Kennedy wrote for the majority "fundamental constitutional principles require that
laws enacted to honor the brave must be consistent with the precepts of the Constitution for which
they fought" and that "statutes suppressing or restricting speech must be judged by the sometimes
inconvenient  principles of the First Amendment."

While the government has an interest in protecting the integrity of the Medal of Honor and other valorous decorations, the Stolen Valor Act was too "sweeping" and "quite unprecedented" in attempting to prosecute people for merely lying, he wrote.

Justices Ruth Bader Ginsburg and Sonia Sotomayor, and Chief Justice John Roberts Jr. joined Kennedy in the opinion.

"The statute seeks to control and suppress all false statements on this one subject in almost limitless times and settings," Kennedy's opinion states. "And it does so entirely without regard to whether the lie was made for the purpose of material gain."

Justices Stephen Breyer and Elena Kagan ruled the law unconstitutional but left open the possibility they would reconsider if the law was rewritten.

The law was written by U.S. Rep. John Salazar, D-Colorado, and signed in 2006 by President George W. Bush, making it a federal misdemeanor to falsely represent oneself, in writing or speaking, as having received a military decoration

The opposing opinion written by Justice Samuel Alito, joined by Justices Antonin Scalia and Clarence Thomas said "the right to free speech does not protect false factual statements that inflict real harm and serve no legitimate interest."

They went on to say that the "proliferation of false claims about military awards blur the signal given out
by the actual awards by making them seem more common  than they really are."

A new Stolen Valor Act H.R. 1775 written by Congressman Joseph Heck with 52 cosponsors is in the
House Subcommittee on Crime, Terrorism, and Homeland Security. And in the Senate is a bill
S.1728 with 2 cosponsors and is in the Committee on Judiciary.

So now it is imperative that we contact our Senators and Representatives and urge them to become
cosponsors to these bills, and that they push to have the bills passed out of committee to the floor
for a full vote.

Read more here: http://www.star-telegram.com/2012/06/28/4067435/supreme-court-strikes-down-stolen.html#storylink=cpy

---- Jerald Terwilliger National Chairman American Cold War Veterans "We Remember" ---------------- "And so the greatest of American triumphs... became a peculiarly joyless victory. We had won the Cold War, but there would be no parades." -- Robert M. Gates, 1996

Col. Robert L. Howard MOH Receipient

The American Cold War Veterans are saddened to hear of the passing of another American
Hero.

Col. Robert L. Howard passed away on Dec 23, 2009 in Waco, Texas.

Col. Howard had enlisted in the US Army in 1956, he retired in 1992; according to some
historians he was the most highly decorated veteran in history.

As a Staff Sergeant of a highly secret organization he was nominated for a Medal of Honor on three separate occasions during a thirteen month span 1967-1968.

During a rescue operation in Cambodia Sergeant First Class Howard, although wounded himself, went to the rescue of the platoon commander. An enemy bullet stuck one of
his ammunition pouches causing further injuries. Sergeant Howard continued to give
first aid to his wounded platoon members.

He rallied the men and with air support they defeated a 2 company size enemy force.

In 1969 he received a direct appointment to 1st Lieutenant.

Among he awards and decorations are:

Medal of Honor
Distinguished Service Cross (with one oak leaf cluster) (2 awards)
Silver Star
Defense Superior Service Medal
Legion of Merit (with three oak leaf clusters) (4 awards)
Bronze Star (with three oak leaf clusters and "V" device) (4 awards)
Purple Heart (with a silver and two bronze oak leaf clusters) (8 awards)
Meritorious Service Medal (with two oak leaf clusters) (3 awards)
Air Medal (with "V" Device and numeral 3. One award for heroism and two for aerial achievement)
Joint Service Commendation
Army Commendation Medal (with "V" device and one each silver and bronze oak leaf clusters. 4 awards for valor and 3 for achievement)
Joint Service Achievement
Army Achievement
* Good Conduct Medal with four Good Conduct Loops (4 awards)
* National Defense Service Medal
* Armed Forces Expeditionary Medal with three service stars (3 awards)
* Vietnam Service Medal with 3 service stars (3 campaigns)
* Armed Forces Reserve Medal
* NCO Professional Development Ribbon with 2 device
* Army Service Ribbon
* Army Overseas Service Ribbon
Unit citations

* Army Presidential Unit Citation Ribbon Presidential Unit Citation (Army) with oak leaf cluster (2 awards)
* Army Meritorious Unit Commendation Ribbon Meritorious Unit Commendation (Army)
* Navy Unit Commendation Ribbon Navy Unit Commendation
* Vietnam gallantry cross unit award-3d.svg Republic of Vietnam Cross of Gallantry Unit Citation with Palm (Unit citation)
* Vietnam Civil Actions Unit Citation Republic of Vietnam Civil Action Unit Citation with Palm (Unit citation)

Foreign decorations

* Vietnamese Cross of Gallantry with Gold Star (Corps citation), Silver Star (Division citation) and Bronze Star (Regiment/Brigade citation)
* Republic of Vietnam Armed Forces Honor Medal, 1st Class
* Republic of Vietnam Civil Actions Medal, 1st Class
* Republic of Vietnam Wound Medal
* Republic of Vietnam Staff Service Medal, 2nd Class
* Republic of Vietnam Campaign Medal with 1960 bar
* Republic of Korea Order of National Security Merit (Sam-Il Medal)

Badges, qualifications and tabs

* Ranger Tab
* Special Forces Tab
* Combat Infantryman Badge
* Expert Infantryman's Badge
* Aircrew Badge
* Master Parachutist Badge
* Pathfinder Badge
* Air Assault Badge
* Expert Marksmanship Badge
* Vietnamese Ranger Badge
* Vietnamese Master Parachute Badge
* Thai Master Parachute Wings
* Korean Master Parachute Badge
* Thai Balloonist Badge
* French Parachutist Badge

Our nation must never forget the brave men and women who fought and died to preserve
our freedom and the American Way. Without their willing sacrifice we would not be
the great country we have become.

Jerald Terwilliger
National Chairman
American Cold War Veterans, Inc.

Medal of Honor receipent Millet passes

From the US Report
American Hero Lewis Millett, Medal of Honor recipient passes. Leaving 93 living recipients.

http://www.theusreport.com/the-us-report/medal-of-honor-recipient-lewis-millett-hero-of-battle-of-bay.html

Medal of Honor recipient Lewis Millett, hero of Battle of Bayonet Hill, passes
DateMonday, November 16, 2009 at 08:38AM

by Chris Carter
Capt. Louis L. Millett, 88, Medal of Honor recipient, passed away Nov. 14 in Loma Linda, Calif.[Photo from Crushing Chris}
In 1940, Lewis L. "Red" Millett, a 17 year old native of Mechanic Falls, Maine, dropped out of high school and joined the Army Air Corps in order to fight the increasing fascist threat in Europe. But when President Roosevelt stated that the U.S. would not be entering the war, Millett decided to become a deserter and head to Canada - not to avoid combat, but to seek it out as part of the Canadian army. He was sent to London where he served as an anti-aircraft gunner during the Nazi's "Blitz" bombing campaign.

"I deeply believe that if you're a free man, then you should stand up and support freedom wherever it is," Millett said during an interview on the 2003 PBS documentary American Valor.

When the U.S. joined the war in 1942, Millet was able to transfer back to the American Army. Joining the 1st Armored Division, Millett earned the Silver Star - the nation's third-highest award for valor - for his actions in North Africa. He also fought at Salerno and Anzio, but the paperwork of his desertion caught up to Millett, who was court-martialed, demoted to private, and fined $52.

However following his punishment, Millett received a battlefield promotion to second lieutenant and a Bronze Star.

Then on Feb. 7, 1951 during the Korean War, Millett - who had been promoted to Captain - was leading an under-strength company of 27th Infantry Regiment "Wolfhounds" against a strongly held enemy position on Hill 180, which is now part of Osan Air Base in South Korea.

"The Chinese had put out the word that we were afraid of bayonets," Millett told Stars and Stripes in a 1975 interview. "'Americans afraid of bayonets' is just ridiculous, I thought, so I intended to prove a point."

During the attack, one of Millett's platoons became pinned down by small-arms, automatic, and "buffalo gun" anti-tank fire. Millett ordered another platoon forward, telling his men to "Fix bayonets and follow me!"

Despite being wounded by a grenade blast, Millett charged forward - firing his rifle, throwing grenades, and striking enemies with his rifle and bayonet. When Millett reached a three-man buffalo gun emplacement, he killed all three with his bayonet. Once at the top of the hill, Millett waved his rifle over his head, encouraging his men by shouting "Grenades and cold steel!" - while still fighting the enemy.

Millett's charge was so effective that the remaining Communist forces fled, but not before 47 North Korean and Chinese soldiers lay dead, 18 of which had been killed by bayonets.

Capt. Millett was awarded the Medal of Honor - the nation's highest decoration for valor - for his actions on Hill 180, which came to be known as the Battle of Bayonet Hill.

"I was surprised, I never expected it," Millett told Stars and Stripes. "Of course, a lot of real fine people had to die so that a few might get decorated. There's an awful lot of men who lie buried over here, and the only recognition they received was the purple heart."

Lewis L. Millett, 88, passed away Saturday morning in Loma Linda, Calif. His passing means that only 93 living recipients of America's Medal of Honor remain.

In Sept. 2010, the Medal of Honor Society will hold its national convention in Charleston, S.C., giving Americans the opportunity to honor those like Lewis Millett who have given so much for this country.

We mourn the passing of a great American Hero who fought in WWII, Korea and Vietnam.
Among his awards are:
Medal of Honor
Distinguished Service Cross
Silver Star
Legion of Merit (3)
Bronze Star
Purple Heart (4)
Croix de Guerre (France)
Vietnamese Cross of Gallantry

Jerald Terwilliger
National Chairman
American Cold War Veterans, Inc.
"We Remember"