The Supreme Court has ruled that lying about military medals and military service is not a crime.
The court on Thursday rejected a 2005 federal law that punishes people who lie about medals and military service, concluding it had a sweeping and chilling effect on free speech.
The 6-3 decision in United States v. Alvarez involves the case of a California water board member, Xavier Alvarez, who falsely claimed to have received the Medal of Honor. He was prosecuted under the Stolen Valor Act. He pleaded guilty but reserved the right to appeal. His sentence was three years probation, a $5,000 fine and community service.
“Though few might find (Alvarez’s) statements anything but contemptible, his right to make those statements is protected by the Constitution’s guarantee of freedom of speech and expression,” Justice Anthony Kennedy wrote for the majority.
He wrote that the First Amendment “protects the speech we detest as well as the speech we embrace.”
Screaming “fire” in a crowded theater when no fire exists is and should be illegal. When speech can be shown to unnecessarily endanger other people, then it becomes an offense that warrants punishment.
Otherwise, people should be free to speak whatever is on their mind, true or false.
When an individual claims to have received military awards that he or she did not actually receive, that, of course, is an outright lie. But now, according to the Supreme Court, it’s not a lie that will send a person to jail or constitute a fine.
We detest anyone who makes false claims about military records. It does great dishonor to those who have served their country and who have rightly earned their medals. Those who would lie about their military valor deserve our contempt. If they attempt to gain benefits by lying about their military service, that’s fraud, and there are laws to deal with that crime.
We abhor liars. But eventually they are exposed and must face the consequences of their own actions.
Free speech is free speech, whether you like the speech or not.
That, in our view, is one of the reasons we celebrate today.
Opinion
Our View: Free speech, stolen valor
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