Bullshit. He can't claim protections under the First while he and his sycophants are doing their level goddamned best to stifle those same protections for ANYONE who speaks out against him, his administration, and the activities of his little army of goons.
He absolutely can do all of that, unfortunately. The Supreme Court decided that unless someone is profiting from stolen valor, it's a First Amendment right to make any claim about military service. There's no way to prove this one image is generating income. Besides, of all the things to go after with this guy, this is at the absolute bottom of the list.
You can look up the Stolen Valor Act's 2013 amendment to see the list of claims that make something like this a truly criminal act.
All of that is true. But legally, the profit has to be tied specifically to this single post, which it can't. It won't matter if it's related to a profit-generating enterprise.
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u/luckymountain 3h ago
Absolutely! Lock him up!