Monday, February 20, 2012

Supreme Court to take on Stolen Valor

Interesting case.

The Supreme Court will take up Alvarez’s case Wednesday to decide whether the 1st Amendment protects not just the freedom of speech but a right to lie about military honors.

Congress enacted the Stolen Valor Act in 2006 to make it a crime to falsely claim a military honor. And Alvarez, once he was exposed, was convicted and fined $5,000.

But his “everyone lies” defense won at the U.S. 9th Circuit of Appeals, which struck down the law on free-speech grounds on a 2-1 vote. It would be “terrifying,” said Chief Judge Alex Kozinski, if the government’s “truth police” could go after people for the “white lies, exaggerations and deceptions that are an integral part of human intercourse.”

While lying about military honors is a reprehensible act, I think the SCOTUS should uphold the 9th Circuit. Unless someone lies about military honors in order to gain some benefit through fraud, lying is protected speech.

(3) Comments
Posted by Owen at 2108 hrs
Law + Military

  1. I agree with you, Owen.

    But the prison-industrial complex probably doesn’t. They’d love another reason to toss people in jail.

    Posted by Northern Pike on February 21, 2012 at 0909 hrs


  2. Unless an FBI agent lies to you, and says they have evidence against you that they don’t actually have, and you lie back. In which case, the FBI is allowed to lie, and you go to Federal prison.

    Posted by Nick on February 21, 2012 at 0943 hrs


  3. Lying sometimes make a person escape death and different circumstances but in his case. Lying about military honors would really take him to prison.

    Posted by Motorcycle Accident Attorney on March 14, 2012 at 2300 hrs


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