[dragonwriter]

> Stolen valor is a crime.

A civilian wearing an army T-shirt is not “stolen valor” in the sense that stolen valor is a crime, so this is, at best, equivocation.

While I believe (but I don’t feel like checking the UCMJ) there is a much more extensive crime (or set of crimes) relating to stolen valor within the military, the crime of stolen valor that it is possible for a civilian to commit consists of, and (outside of selling military decorations) only of, fraudulently claiming one of narrow set of awards with the intent to obtain money, property, or other tangible benefit, specifically: a Congressional Medal of Honor, a distinguished-service cross, a Navy cross, an Air Force cross, a silver star, a Purple Heart, a Combat Infantryman’s Badge, a Combat Action Badge, a Combat Medical Badge, a Combat Action Ribbon, a Combat Action Medal, or any replacement or duplicate medal for such medal as authorized by law. 18 USC Sec. 704.

[tekknik]

I didn’t say a civilian wearing an army shirt is stolen valor, however pretending to haven been in the military while never having been is.

Wearing a band shirt and an army shirt are not comparable at all. The default thought when someone sees someone wearing a military shirt is “oh they were in the military”. The thought when wearing a band shirt certainly wasn’t “oh they must be in the who”.

[dragonwriter]

> I didn’t say a civilian wearing an army shirt is stolen valor, however pretending to haven been in the military while never having been is.

Again, no, not in a sense of “stolen valor” where “stolen valor is a crime” is true, it isn’t. You are still engaging in thebsame equivocation where you are trying make an argument grounded in “this behavior has a name which is also the name of a crime”, even though the behavior in question is not within the scope of the definition of the crime. Fraud is a crime (older than “stolen valor”, which is a novel 21st century crime in the US), pretending to have been in the military other than as part of a fraud scheme is not. (ISTR at least one state has proposed a more general ban on this, but even if it passed it would likely be struck down aa violating the First Amendment, just like the earlier and somewhat broader version of the Stolen Valor Act was.)

> Wearing a band shirt and an army shirt are not comparable at all.

To the extent that there is a defensible argument for this position, it doesn't involve invocations of non-germane criminal law.