The UCMJ assigns regulations, restrictions and punishments that in most cases exempt Constitutional application, such as punishment for an active duty member falsely claiming recipientship of a military award. However, the (civilian) Constitution authored by the Founding Fathers provides no punishment for those who falsely claim recipientship of a military award.

Only after World War II did some federal judges strictly interpret the US Constitution's clauses regarding free speech to protect those who falsely claim to be recipients of US military awards. Most of these judgments have occurred during the last three presidencies in which two President's (Clinton and Obama) chose not to serve our country in uniform. And George W. Bush chose to avoid service in Vietnam. Subsequently, military members serving in Congress have sharply declined and the Party with the most military veterans serving in Congress, The Republican Party, has elected to concentrate its attention almost exclusively on opposing any legislation favored by the current President, Obama, instead of far more important social and national defense urgencies. As a result even the recent bipartisan legislation authorizing prosecution and punishment for fraudulent US military medal claimants, has been limited to such a level that only very few prosecutions can occur, while at the same time failing to address the primary protection being consistently granted to military medal fakers: "Free Speech".

Obviously, Congress, since 1992, has failed to author legislation that prevents the desecration of America's highest honors afforded to patriots by establishing bullet-proof law that prohibits false US military medal claims... something new is needed. Needed is a new Constitutional Amendment that clarifies what is and what isn't free speech.