Monday, October 17, 2011

Is the "Stolen Valor Act" constitutional?

Thanks to an intrepid student.

The Supreme Court will rule on whether lying about receiving medals for military medals is constitutionally protected free speech. The case is USA v. Xavier Alvarez:

The Supreme Court will decide whether a law making it a crime to lie about having received military medals is constitutional.


The justices said Monday they will consider the validity of the Stolen Valor Act, which passed Congress with overwhelming support in 2006. The federal appeals court in California struck down the law on free speech grounds and another appeals court in Colorado is considering a separate case.

The Obama administration is arguing that the law is reasonable because it only applies to instances in which the speaker intends to portray himself as a medal recipient. Previous high court rulings also have limited First Amendment protection for false statements.


- Wikipedia: Stolen Valor Act.
- ScotusBlog: Another test of the First Amendment.
- Scotus Blog: United States v. Alvarez.