Stolen Valor Act Headed to the Courts

There's an interesting legal theory being put forth by those being prosecuted under the Stolen Valor Act - that lying is inherently protected by the First Amendment.

A federal law against lying about military medals is facing First Amendment challenges in Colorado and California.

Lawyers in both cases have made similar arguments against the Stolen Valor Act, saying that lying is protected by the First Amendment unless it does real harm.

In California, a judge rejected a motion to dismiss a charge against Xavier Alvarez of falsely claiming he received the Medal of Honor, the nation's highest military decoration. Alvarez is appealing on free speech grounds.

In Colorado, Richard Glen Strandlof is awaiting trial on charges of falsely claiming he received a Purple Heart and Silver Star.

He pleaded not guilty. The judge hasn't ruled on motions raising the free speech argument

Now, it might be, except where public safety is endangered (ie, the classic shouting "fire" in the theater when there isn't one), but I think there will be some interesting precedent set here either way.



By: Brant