Is wearing an unearned military medal an arrestable offense or a matter of freedom of speech?
The U.S. 9th Circuit Court of Appeals said it's a freedom of speech.
An 11-judge panel made the decision this week that overturned the conviction of a former Marine who testified during a criminal case while wearing a medal he didn't earn, The Los Angeles Times reported.
Elven Swisher wore a Purple Heart, among other ribbons, investigators discovered he did not earn, Military Times reported.
He had enlisted in the Marines a year after the Korean War ended, but was not wounded in the line of duty.
According to his military records, he was honorably discharged in 1957 and had not been awarded any medals, Military Times reported.
Elven Swisher was charged and convicted under the country's Stolen Valor Act in 2007.
The act, signed into law by President George W. Bush in 2006, made it a misdemeanor to falsely claim military accomplishments, Military Times reported.
The U.S. Supreme Court struck down part of the act in 2012 that make it a crime to claim military medals not earned, The Los Angeles Times reported.
The Supreme Court said that the Stolen Valor Act violated free speech protections, The Associated Press reported.
President Barack Obama signed a new law in 2013 that made lying about military service a crime if people profit financially from the lies, The AP reported.
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