About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

53 B.C. L. Rev. 775 (2012)
Hey - That's My Valor: The Stolen Valor Act and Government Regulation of False Speech under the First Amendment

handle is hein.journals/bclr53 and id is 781 raw text is: HEY! THAT'S MY VALOR: THE STOLEN VALOR ACT AND GOVERNMENT REGULATION OF FALSE SPEECH UNDER THE FIRST AMENDMENT Abstract: The Stolen Valor Act criminalizes lies about receiving military decorations. Through the Stolen Valor Act, the government seeks to pro- tect the honor associated with receiving a military decoration from people who falsely claim to have received one. Some courts have held that the false statements proscribed by the Stolen Valor Act fall outside of First Amendment protection. Other courts, most notably the U.S. Court of Ap- peals for the Ninth Circuit, in the 2010 decision United States v. Alvarez, held that lies about military decorations are protected speech and that the Stolen Valor Act is unconstitutional because it does not meet strict scru- tiny. This Note argues that the First Amendment protects false statements. Section 704(b) of the Stolen Valor Act does not fall into any category of unprotected speech, does not meet the strict scrutiny test for government regulation of protected speech, and therefore is an unconstitutional re- striction of protected speech. INTRODUCTION On July 23, 2007, at a meeting of the Three Valley Water District Board of Directors in suburban Los Angeles, newly elected director Xa- vier Alvarez introduced himself: I'm a retired Marine of twenty-five years. I retired in the year 2001. Back in 1987, I was awarded the Con- gressional Medal of Honor. I got wounded many times by the same guy. I'm still around.I Apart from the last sentence, Alvarez's introduction was a series of lies.2 Alvarez never served a day in any branch of the U.S. I United States v. Alvarez, 617 F.3d 1198, 1200 (9th Cir. 2010), cert. granted, 80 U.S.L.W. 3098 (U.S. Oct. 17, 2011) (No. 11-210). The Congressional Medal of Honor is the highest award for valor in action against an enemy force. The Medal of Honor, CONG. MEDAL OF HONOR Soc'Y, http://www.cmohs.org (last visited Mar. 12, 2012). The Congressional Medal of Honor is generally presented by the President of the United States of America in the name of Congress to individuals serving in the armed services of the United States. Id. The first Medal of Honor was presented March 25, 1863 to Private Jacob Parrott and there have been 3454 Congressional Medal of Honor recipients since. Archive Statistics, CONG. MEDAL OF HONOR Soc'y, http://www.cmohs.org/medal-statistics.php (last visited Mar. 12, 2012). Only eighty-five Congressional Medal of Honor recipients are still alive. Id. 2 Alvarez, 617 F.3d at 1201. 775

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most