Free to Speak; Free to Lie?

On the Opinion Page of The New York Times the editorial entitled Honor and Free Speech touches on the Supreme Court case heard yesterday, Wednesday February 22, 2012. The case, United States v. Alvarez, centralizes around the constitutionality of the Stolen Valor Act of 2006: which makes lying about receiving military awards a federal crime. Xavier Alvarez claimed that he “served in the Marines 25 years, was wounded many times and received the Congressional Medal of Honor.” All of which were false statements.

 However, because of the Stolen Valor Act, he was charged and sentenced with 3 years of probation and a fine of $5,000. The editorial asserts that while the Stolen Valor Act’s purpose “to protect the honor in receiving a military medal” is “perfectly reasonable,” the fact remains that “as a regulation on speech, the [Stolen Valor Act] is unconstitutional and should be struck down by the Supreme Court…” An argument I agree with whole-heartedly.

 The author of this editorial is not named nor any credentials mentioned, yet that does not negate the validity of his or her points; points reasserted in other articles in different major news networks (The Wall Street Journal for example had an article, Justices Take on Medal Lies relating to the case hearing itself in its February 23 edition. An article I suggest to the reader to provide insight into the Justices’ possible ruling on the case.) The author of the New York Times editorial seems to be targeting a general audience that has no great concern for a small case about a mendacious fraud. The author is trying to point at the bigger picture of an encroachment on Freedom of Speech and how if the government could get away with in this case, what’s to stop them from going farther? Many news networks “filed a brief supporting Mr. Alvarez,” furthering the idea that the fear would be of government “policing everyone’s speech” for lies.

 I hold the utmost respect for our nation’s heroes and heroines in the Armed Forces and their right to the honors they receive. However, the Stolen Valor Act is clearly in conflict with the First Amendment of the Constitution and, therefore, must be struck down by the Supreme Court. It’s important to know what your rights are and to fight against any infringement upon them. While it’s not likely many people would lie about being a decorated military veteran, the fact that it is a federal crime to SAY you are means that it would not be a large step to make “lying in general” fall outside the First Amendment’s protection of speech.