Summary
United States v. Alvarez: U. S. Supreme Court case considering the constitutionality of the Stolen Valor Act, a law enacted by Congress to prohibit the false claiming of military medals. Xavier Alvarez, a member of a California water district board, made numerous false claims about his military record, including being awarded the Congressional Medal of Honor. In fact, he has never served in the military. He was convicted under the Stolen Valor Act and sentenced to probation, a fine, and community service. The United States Court of Appeals for the Ninth Circuit overturned the conviction, finding that the Stolen Valor Act violates the First Amendment guarantee of freedom of speech. In the Supreme Court, CJLF entered the case, filing a brief on behalf of the Legion of Valor of the United States and itself. Our brief argues that the Act only prohibits lies, not mistakes, parodies, or theatrical performances, and that lies are not protected under the First Amendment. In a splintered decision, the Court decided that the Act as presently drafted is not constitutional. [CJLF brief in PDF.]
