The case was decided 6-3 in favor of Alvarez. The Supreme Court ruled the Stolen Valor Act unconstitutional in violation of the First Amendment. Justices Kennedy, Roberts, Ginsburg and Sotomayor joined in a plurality opinion. The plurality stated that freedom of speech under the First Amendment protects lying and false statements. Although the lies are frowned upon and socially unacceptable, the First Amendment protects those types of statements. With the application of strict scrutiny to this case, the Justices within the plurality found that the Stolen Valor Act was very broad and if it had more specific restric...
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... to Barnum, people who have awards such as the Purple Heart and Medal of Honor effect not only those who hold them, but those that see others wearing them. Being a decorated veteran will change another person’s perspective of someone, even without meeting him or her previously. Barnum argues that these lies are detrimental to society and the government needs to do its job to protect its symbols and awards (Barnum, 849).
Speech Restrictions That Don't Much Affect the Autonomy of Speakers [comments]
Constitutional Commentary, Vol. 27, Issue 2 (Fall 2011), pp. 347-360 Volokh, Eugene 27 Const. Comment. 347 (2010-2011)
False Valor: Amending the Stolen Valor Act to Conform with the First Amendment's Fraudulent Speech Exception [article]
Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)
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