Federal Court Says That Law Prohibiting Falsely Claiming To Be A Military Hero Is Unconstitutional As It Violates The First Amendment's Free Speech

The AP reports that a "law that makes it illegal to lie about being a war hero is unconstitutional because it violates free speech, a federal judge ruled Friday as he dismissed a case against a Colorado man who claimed he received two military medals. Rick Glen Strandlof claimed he was an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star, but the military had no record he ever served. He was charged with violating the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal. U.S. District Judge Robert Blackburn dismissed the case and said the law is unconstitutional, ruling the government did not show it has a compelling reason to restrict that type of statement."

To read UCLA Law Professor Eugene Volokh's amicus brief which lays out the argument in 15 pages as to why the Court should have upheld the law, visit http://www.law.ucla.edu/volokh/stolenvaloract.pdf

To read the concise 14 page opinion in United States v. Strandlof itself, visit http://docs.google.com/fileview?id=0B4aOmucPTb-IOTM4NjA4MGQtZDdjZC00MjNjLTlmMWUtMTY4N2I3MmY5NzA4&authkey=CMeB_bwO&hl=en&pli=1 Tweet