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Supreme Court: You Can Lie About Military Honors

It may not be right, but it's not illegal, say justices

By Matt Cantor,  Newser Staff

Posted Jun 28, 2012 2:26 PM CDT

(Newser) – The health care decision wasn't the only one to emerge from the Supreme Court today: Justices also ruled that the First Amendment protects the right to lie about military decorations, Wired notes. In the 6-3 decision, justices called the Stolen Valor Act—a 2006 law forbidding such speech—unconstitutional. The case centered on one Xavier Alvarez, who falsely claimed he'd won the Medal of Honor after being selected for the Los Angeles suburban water board of directors.

Unlike fraud, perjury, trademark infringement, and other banned forms of speech, lying about military honors doesn't cause "tangible harm to others," wrote Justice Stephen Breyer. And "fundamental constitutional principles require that laws enacted to honor the brave must be consistent with the precepts of the Constitution for which they fought," noted Anthony Kennedy. The decision upholds a San Francisco federal appeals court ruling.

A Medal of Honor.
A Medal of Honor.   (Shutterstock)
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COMMENTS
Showing 3 of 33 comments
Xisiuizado
Jun 30, 2012 10:20 AM CDT
No. Freedom of speech does not allow one to infringe on another's rights. In this case, the right to have earned a non-watered down medal.
JackNelsonSteward
Jun 29, 2012 5:19 PM CDT
If you gain a benefit by lying ... isn't that fraud? If you lie about military honors on a job app and that figures in your hiring ... over others ... haven't you committed fraud against your employer and didn't you "damage" that other guy who didn't get the job?
HANKHILL
Jun 29, 2012 9:46 AM CDT
shame!x999999999999999999999
 

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