As I continued to consider the impact of the Restoring Honor rally in DC Saturday (8/28/10) I was simultaneously considering some other recent news events. A very interesting juxtaposition struck me. The questions posed are quite simple – what is a lie, when is it a crime, and why should we care?
Tuesday August 17 there were two decisions rendered by federal courts that bring this question into sharper focus. In Chicago the verdict was announced on the conviction of former Governor Rod Blagojevich on only one of twenty four criminal counts. That one count was lying to the FBI. On the very same day the Ninth Circuit Court of Appeals (or the “9th Circus” according to Rush Limbaugh because of its often bizarre decisions that are frequently reversed by the Supreme Court) ruled that the Stolen Valor Act, a law aimed at people who lie about receiving a national honor such as a Medal of Honor or Purple Heart, was not constitutional because it violates a person’s free speech rights. That’s correct – lying is protected speech under the first amendment. Kinda reminds you of Clinton’s famous, “It depends on what ‘is’ is” statement.
So let’s review the scoring from the judges – Blago lies to the FBI and goes to jail; another politician lies in his campaign about receiving honors and he goes free. Consider this – what type of society would we have if truth was never relevant? What type of honor would we be restoring if honesty is lost in the process?
Let’s consider another long-standing set of federal laws – The Civil False Claims Act, the Criminal False Claims Act, and the False Statements Act. The civil section of law says that if a person knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval, or knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim, or conspires to commit a violation of any subparagraph of this law is liable to the United States Government for a civil penalty of not less than $ 5,000.00 and not more than $ 10,000.00, plus three times the amount of damages which the Government sustains because of the falsehood.
The criminal False Claims Act states, “Whoever makes or presents to any person or officer [of the government] any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title.”
The False Statements Act provides that “whoever, in any matter [before] the … Government of the United States, knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; or makes any materially false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism … imprisoned not more than 8 years, ….”
So what we can conclude, for now, is that our country clearly states in its laws, that lying is bad. We punish lying – we punish false claims, we punish false documents, we punish false invoices, we punish lying to investigators, and we punish conspiring to lie. Then we specifically punish those who lie about military honors and steal the valor of others– except in California. If Blago is guilty, why is Alvarez innocent?
Wouldn’t it be nice if we had some certainty in this area? How will you know when a lie will put you in jail and when it will be protected as your free speech right? Will that have any effect on what people say? Will there be a chilling effect on what people say? Will people of honor stay well away from the line while others who like to shave corners tread too close, and then complain that their first amendment rights are being trampled?
In my view, lying is lying and it is IN NO WAY protected by the first amendment. Alvarez is a fraud and a liar. The honor of our country demands no less.
Have you ever misstated a fact in your Facebook profile? Is everything on your resume absolutely accurate? Is there anything wrong with a “little white lie?” And when women gossip or men shoot the bull, is there any expectation that what is being said is true? Does it matter? For an excellent treatment of this topic I strongly recommend Harry G. Frankfurt’s two wonderful little books, On Bullshit and On Truth. They will make you think.
Lest you be confused over WHY this is happening, perhaps this excerpt from Ayn Rand’s Atlas Shrugged might enlighten you:
“Did you really think we want those laws observed?” “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against… We’re after power and we mean it… There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, that’s the game, and once you understand it, you’ll be much easier to deal with.” (‘Atlas Shrugged’ 1957)
Whether you personally believe that lying is ever appropriate, it is revealing to consider these events and laws – Blago guilty of lying to the FBI, Alvarez innocent of campaigning on the basis of lies about his military service, or the federal CIVIL False Claims Act or the CRIMINAL False Claims Act or the False Statements Act– as a reflection on our society today. The laws are confusing and unequally applied. We are straying ever further away from the Republic that we were given by Mr. Franklin and his fellow patriots. It seems that it still remains an open question of whether we can keep it. Lying is wrong in any context whether you are a six year old child, a state governor, or the president of the United States. We are a less honorable people every time we permit it to happen without consequences.
Joe McGrenra 2:38 pm on June 25, 2010 Permalink
Thomas Sowell is one of the most intelligent columnists writing today, therefore detested by the liberals. The policies being developed and supported by the party in charge of both Congress and the White House are destroying our country.