Categories: Armed Forces News

High Court Rejects Stolen Valor Act

The Supreme Court ruled June 28 that the Stolen Valor Act, the 2005 law that makes it a crime to wear military decorations for heroism that are not earned, is an unconstitutional restriction on the First Amendment right to free speech. The case involved Xavier Alvarez, a California public official who falsely served in the Marine Corps and earned the Medal of Honor, the armed forces’ highest award for valor in combat. After Congress passed the law, Alvarez was tried and convicted under it for his false claims. He appealed, and a panel with the Ninth U.S. Circuit Court of Appeals in San Francisco overturned his conviction. The Justice Department appealed again to the high court, which heard oral arguments from both sides Feb. 22. The justices who upheld the Ninth Circuit ruling agreed that Alvarez was a liar, but determined that his lies in and of themselves do not constitute a crime. "The Nation well knows that one of the costs of the First Amendment is that it protects the speech we detest as well as the speech we embrace," wrote Justice Anthony J. Kennedy in the majority opinion. "Though few might find respondent’s statements anything but contemptible, his right to make those statements is protected by the Constitution’s guarantee of freedom of speech and expression. The Stolen Valor Act infringes upon speech protected by the First Amendment," wrote Kennedy, who was appointed to the high court by President Reagan. Joining Kennedy in the majority were Chief Justice John G. Roberts Jr., and Justices Ruth Bader Ginsburg and Sonia Sotomayor. Justices Steven G. Breyer and Elena Kagan also filed opinions concurring with the majority. Justices Antonin J. Scalia, Samuel A. Alito Jr., and Clarence Thomas dissented. "By holding that the First Amendment … shields these lies, the court breaks sharply from a long line of cases recognizing that the right to free speech does not protect false factual statements that inflict real harm and serve no legitimate interest," wrote Justice Alito in the dissenting opinion. "The Stolen Valor Act is a narrow law enacted to address an important problem, and it presents no threat to freedom of expression." President Reagan nominated Scalia to the court. President George H.W. Bush nominated Justice Thomas. President Clinton nominated Justices Breyer and Ginsburg. President George W. Bush nominated Chief Justice Roberts and Justice Alito. President Obama nominated Justices Sotomayor and Kagan.

 

FEDweek Newsletter
Veteran insight on your federal pay, benefits, career and retirement!
Share