"A California man convicted of falsely claiming to be a Medal of Honor recipient was sentenced to three years of probation, 416 hours of community service and a $5,000 fine under the Stolen Valor Act, a 2006 statute Congress passed "to protect the reputation and meaning" of military honors."
"A federal appeals court threw out the conviction, finding that the First Amendment didn't envision a "powerful government" policing everyone's speech for 'worthless, offensive, and demonstrable untruths.'"
One way a statement may not be protected under the First Amendment is if it is both false and harmful. Xavier Alvarez's claim of winning the Medal of Honor is clearly false, but it isn't clear whether or not it is harmful. Some people might think it is not, and others that it is. On one hand, his lie did not directly cause harm to anybody. On the other hand, he introduced himself to the audience of a board of directors meeting by saying "I'm a retired Marine of 25 years. I was awarded the Congressional Medal of Honor." Even though he has not so much as served in the military. This case is going to lead to quite a bit of debating, since is saying you are part of a elite group of members when you are not, harmful to the group?
Yet another week goes by without another primary or caucus. I could get used to this.
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