Most do not know that I have actually served in the military. Between my 1st and 2nd year in law school I spent a whole 3 weeks  in the Marines Officer Candidate School at Quantico Virgina before I was drummed out for knee and foot problems.  During that three weeks the only combat I  saw was the daily verbal assault from my Sergeant Instructor about my unworthiness to be a Marine. (He turned out to be right).  The only heroic deed I accomplished was to not cry when I was being yelled at.

I do have some regrets about not being of the caliber the Marines were looking for. Not being one of the Few Good  Men.  If I stayed, I may have been deployed to Desert Storm which is where many of the the people I was in with ended up.  Maybe I would have went on to save my platoon, fallen on a grenade, some other heroic deed.  Hopefully I would have  lived to tell about it and received my medals, maybe even the “Medal Of Honor”.  In the end, the closest I have come to Marine bravery since is finishing the Marines Corps Marathon with a personal best of 3:27.

The Medal of Honor is the highest award for valor in action against an enemy force which can be bestowed upon an individual serving in the Armed Services of the United States. Generally presented to its recipient by the President of the United States of America in the name of Congress.  The bravery required to receive this honor are chronicled in the heroic acts of the living and dead since 1861.

In 2005, Congress felt so strongly about protecting the memory and integrity of military awards  and the “integrity of valor” inuring to military  medals from those falsely claiming they have received them, that the Stolen Valor Act was passed, signed into law in 2006 by President George W. Bush Jr.  The law expanded a previous law against fraudulently wearing a service medal to include falsely representing that one had received that honor. Violators can be fined or jailed for up to six months.

In essence, the new law criminalized lying.  Not just lying about having received a medal to profit in some way but lying for ANY reason.  The constitutionality of this under the 1st Amendment is about to be tested.  Attorneys in Colorado and California are challenging the law on behalf of two men  charged under The Stolen Valor Act taking the position that the First Amendment protects almost all speech that doesn’t hurt someone else.

While I disdain those who would dishonor the honor paid for so dearly by thous fighting for democracy,  I also hold the 1st Amendment in the highest regard. While those lying for the sake of lying are not engaging in any act personifying the debate that embodies the “idea of free speech” such as burning the flag which is protected, they are also not engaging in conduct that creates any “tangible” harm, only perceived intangible harmed.  To criminalize this when it is not an element of another criminal act such as fraudulently claiming medals for profit,  personifies the essence of the “thought police” and is not what our military brethren paid for with their lives and limbs in receiving such medals.

The Stolen Valor Act to the extent it criminalizes lying for the sake lying is unconstitutional and should be struck down.

My recent exchange of twitter barbs with the extremist Islamophobe otherwise known as Debbie Schlussel has made for some entertaining blog content. The most recent is no exception.

It is no secret that Debbie Schlussel and I do not like each other.  It is no secret that Debbie does not like Oprah Winfrey. If you doubt me, please take into consideration the fact that Debbie is the Whois registered owner of the domain oprahsucks.com.

I feel no need to defend Oprah.  She can muster more social media power to defend herself than anyone on this planet if she feels the need. While I suspect that Oprah views Debbie as an irrelevant dirt-speck on the landscape of the world’s issues as I do, this provides the needed context.

After noticing a post on Debbie’s web site, in which she put up a photo of Oprah Winfrey in Islamic garb with associated commentary clearly  intending not to portray her in a flattering light, I tweeted the following:

Is there a more despicable hate mongering bigot in this country than @DebbieSchlussel she makes me want to vomit http://tinyurl.com/y9r2gc9

Admittedly strong stuff.  There is no mistaking how I feel. I make no apologies for it. I view her as a despicable human being.  I even feel an urge to upchuck as I write this blog.

A tweep who saw my  original tweet responded injecting ultra-conservative commentator and author Anne Coulter into the fray.  For the record, I am no fan of hers either but she is clearly much more known and influential than Debbie on any issue she speaks on.  Here was my response:

@alcep agree, the only difference is that Anne Coulter is a real lawyer while @DebbieSchlussel was a joke as an attorney 6:29 PM Nov 21st from TweetDeck

My reference was to an article I had previously posted on my blog in which I referenced Debbie’s ridiculous and failed attempt to stifle 1st amendment free speech.

In 2002 Debbie filed a lawsuit designed to stop Pro-Palestinian conference at the University of Michigan.  The attempt of course failed drawing the following response:

“Meanwhile, Fadi Kiblawi, co-founder of SAFE and a Michigan senior from St. Louis, said the Michigan lawsuit is a “laughable attempt to stifle debate, which strikes at the core of American values and First Amendment rights.”

I agree with Mr. Kiblawi.  The attempt was laughable.  It was a joke.

I received the following “tweet” from Debbie:

@bcuban Do U want a defamation suit? U work handouts from Ur bro. I’ve won almost every case I’ve tried. We know who is the joke.

I get the “living off your brother’s coat-tails” comments on a regular basis.  Does not bother me at all.  I feel no need to justify my standing in life. If you put yourself out there with strong opinions you cant flinch when they come back at you but hey,  It was GAME ON!

Here were my responses  in succession. I am leaving out the screen-caps to save room:

@DebbieSchlussel strike a nerve? 5:40 PM Nov 21st from Tweetie in reply to DebbieSchlussel

@DebbieSchlussel if your going to insult me at least be creative-your a writer-I think 5:50 PM Nov 21st from Tweetie in reply to DebbieSchlussel

@DebbieSchlussel if you think that is defamation knock yourself out 5:42 PM Nov 21st from Tweetie in reply to DebbieSchlussel

I must have really gotten under Debbie’s skin(mission accomplished) because I then saw that Debbie threatened a tweep who re-tweeted my “joke” tweet.

Anne Coulter has never practiced law?  That is probably news to Anne.  Whatever you think of her she has a  very impressive legal resume including private practice.  Is that defamation?  It must be according to Debbie’s 1st year Torts and Con Law profs.. chuckle chuckle( I can’t say joke or I might get sued).

Is Anne pissed?  I doubt she  will ever know and if she did we have that relevance thing again. Ooops, I forgot. We are talking about Debbie and not Anne.  I meant to say irrelevance.

Seeing that I had indeed gotten under her skin. I just could not let it go.  My last tweet was:

@DebbieSchlussel quit crying and threatening everyone like a 3 year old. Bring your lawsuit Debbie. 8:31 PM Nov 21st from web

I am still waiting for Debbie’s defamation lawsuit.

Will I get “Schlusseled”?

She may want to go re-take torts, con-law and add an I.P. course to boot.  She has a better shot with a complaint that I used her Oprah photo without her permission.  Let me know if it bothers you Debbie.  I will be happy to take it down and put my smiling face up. No Islam garb though.  I don’t even wear a yarmulke/kippah that often.

Maybe the jokes on me.  We will see.  If I get sued I will put up a Paypal “Donate Here” button on my site like Debbie has.  Yes you heard me.   A practicing attorney who claims to be successful has a Paypal donation button on her website.  Way to maximize that brand Debbie!

Harvard Professor and 1st Amendment Free Speech Expert Alan Dershowitz has gone public with his support of companies who choose not to advertise with Facebook if their ads appear next to Anti-Semitic hate content including Facebook Holocaust Denial Groups.  Here is what he had to say in response to the decision of Dominos Pizza to insist that Facebook ensure that their ads not appear next to any Anti-Semitic content or face loss of the account:

“Freedom of speech and association certainly includes the right not be associated in any way with antiSemitic hate speech. I applaud advertisers who exercise their rights by refusing to advertise in proximity to Holocaust deniers”

Here is a real life exercise in “Free Speech” for all those who have written me claiming that they have the right to “Free Speech” on Facebook and in the private realm.  Those who claim the right to absolute protection in the private realm from the “thought police“.  It is a simple experiment.  You will only need a stop watch and a toothbrush.

PART 1 OF EXPERIMENT:

Sometime this coming week, walk into your local Walmart. Stand in the middle of the store. Start yelling profanities, ethnic slurs, racial slurs, that the Holocaust never occurred, etc.  Please have the stop watch with you.  Start it when you start yelling. Keep it going while you are yelling.  We can time how long it takes a Walmart manager to ask you to leave and never come back.

PART 2 OF EXPERIMENT:

Once they ask you to leave stop the watch. Refuse to leave.  Tell them you have a 1st Amendment right to “Free Speech”.  Tell  them you also have the right to “Free Speech” in the private realm including Walmart regardless of the 1st Amendment.  Start the watch again.  Start yelling ethnic slurs, racial slurs etc all over again.  We can then time how long it takes you to be arrested and hauled off to jail.

PART 3 OF EXPERIMENT:

Bring a tape recorder to court. Record the laughter in the courtroom while you put forth your defense that there is no right to censor speech in the private sector.  You were exercising your right of “Free Speech” in the private realm.   Walmart is acting as  the “thought police”

Good luck and let me know how it goes…   Be sure to bring your toothbrush to court in case your bail is revoked after conviction.