Supreme Court Strikes Down Stolen Valor: You Can Lie About Military Service
The Supreme Court struck down the Stolen Valor Act today, saying that the First Amendment defends a person’s right to lie — even if that person is lying about awards and medals won through military service.
The case started in 2007 when California man Xavier Alvarez was convicted under the Stolen Valor Act of 2006 — federal legislation that made it illegal for people to claim to have won or to wear military medals or ribbons they did not earn. Alvarez had publicly claimed to have won the country’s highest military award, the Medal of Honor, but was later revealed to have never served in the military at all.
Alvarez was sentenced to three years probation, a $5,000 fine and community service, but he and his lawyer appealed the decision, saying that the Stolen Valor Act is unconstitutional — essentially that it violates a person’s right to lie.
“The Stolen Valor Act criminalizes pure speech in the form of bare falsity, a mere telling of a lie,” Alvarez’s attorney, Jonathan Libby said in February. “It doesn’t matter whether the lie was told in a public meeting or in a private conversation with a friend or family member.”
An appeals court agreed and called the Stolen Valor Act “facially unconstitutional.”