A federal appeals court has declared that the Stolen Valor Act, a 2006 law that bars persons from wearing or claiming ownership of military decorations they did not earn, is unconstitutional. In an August 17 majority opinion, Judge Milan D. Smith Jr., of the U.S. Court of Appeals for the 9th Circuit in San Francisco, wrote that the law imposes a penalty for those who falsely purport to have merited a military honor is too strict and violates First Amendment free-speech protections. Under the Stolen Valor Act, persons convicted of falsely wearing military decorations could face a year in prison and fines. The law “concerns us because of its potential for setting a precedent whereby the government may proscribe speech solely because it is a lie,” Smith wrote. The case involved the case of Xavier Alvarez, who pleaded guilty in federal district court of violating the Stolen Valor Act under the condition that he would challenge the law’s constitutional validity on appeal to the 9th Circuit. Alvarez falsely claimed he earned the Medal of Honor during service in the Vietnam War. The ruling follows another similar decision, issued by a federal judge in Denver in July, which also declared the law an unconstitutional restriction of free speech. In that case, the ruling overturned the conviction of Rick Strandlof, who falsely claimed to be a Marine Corps officer and holder of both the Silver Star and Purple Heart medals.
