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Laelth

(32,017 posts)
Thu Jun 28, 2012, 10:26 AM Jun 2012

Alvarez: SCOTUS rules US citizens are free to lie about military honors.

Once again, the SCOTUS has ruled that the 1st Amendment trumps all (the basis of its Citizens United decision), in ruling that it is not a crime to lie about receiving a Congressional Medal of Honor. The SCOTUS struck down 18 U. S. C. §§704 (b), (c) that made it a crime to falsely claim to have received a military honor or the Congressional Medal.

The Stolen Valor Act makes it a crime to falsely claim receipt of military decorations or medals and provides an enhanced penalty if the Congressional Medal of Honor is involved. 18 U. S. C. §§704 (b), (c).Respondent pleaded guilty to a charge of falsely claiming that he had received the Medal of Honor, but reserved his right to appeal his claim that the Act is unconstitutional. The Ninth Circuit reversed, finding the Act invalid under the First Amendment.

JUSTICE KENNEDY, joined by THE CHIEF JUSTICE, JUSTICE GINSBURG, and JUSTICE SOTOMAYOR, concluded that the Act infringes upon speech protected by the First Amendment. Pp. 3–18.


-Laelth


Edit:Laelth--formatting.
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