Lying: First Amendment Right?

A case was taken up based on whether or not one can say they have earned a military award when they know it is a falsity and have it protected under the First Amendment. It began with the prosecution of Xavier Alvarez who violated a 2005 law, the Stolen Valor Act when he falsely claimed to have been awarded a Congressional Medal of Honor. The Act prohibited anyone to falsely say that one has “been awarded any decoration or medal authorized by Congress for the armed forces of the United States.” But Alvarez then claimed that it was not illegal because he what he said was protected under the First Amendment rights (free speech). The justices ruled that it was illegal because nowhere in the Constitution did it protect things people say that they know to be false.

Then it got interesting. A panel in the US Court of Appeals reversed the ruling. Judge Milan D. Smith Jr. said, “There would be no constitutional bar to criminalizing lying about one’s height, weight, age or financial status on Match.com or Facebook, or falsely representing to one’s mother that one does not smoke, drink alcoholic beverages, is a virgin, or has not exceeded the speed limit while driving on the freeway. The sad fact is,” he continued, “most people lie about some aspects of their lives from time to time.” They felt that if they made it illegal to lie about earning something they didn't really earn, it would have to be illegal to lie about all "white lies, exaggerations, and deceptions."

However, some people want Alvarez to be retried because they feel that Congress is entitled “to guard against dilution of the reputation and meaning of the medals.” They aren't planning to, though, because the Chief Justice John G. Roberts is one who usually favors free speech cases which appears to be the case in United States v. Alvarez.