This was the subject of a written assignment in the fall. The Stolen Valor Act, among other things, makes it a crime to lie about having earned military decorations. Does this statutory law violate the freedom of speech?
Can a lie be protected speech under the Constitution?
The 10th Circuit federal court said that it is not protected speech (quotes lifted from Eugene Volokh):
From the majority decision: "As the Supreme Court has observed time and again, false statements of
fact do not enjoy constitutional protection, except to the extent
necessary to protect more valuable speech. Under this principle, the
Stolen Valor Act does not impinge on or chill protected speech, and
therefore does not offend the First Amendment."
From the dissent: "The majority holds that such statements — at least when made knowingly
and with an intent to deceive — are categorically beyond the protective
universe of the First Amendment. In contrast, I believe that the First
Amendment generally accords protection to such false statements of fact.
Consequently, because it is a content-based restriction on speech, the
Stolen Valor Act must satisfy strict scrutiny. This it cannot do."
The Supreme Court apparently will hear this case this session. Look for United States v. Alvarez.
