The Supreme Court today held that the Stolen Valor Act, a federal law that makes it a crime to lie about having received military honors, violates the free speech protections of the First Amendment.
“Fundamental constitutional principles require that laws enacted to honor the brave must be consistent with the precepts of the Constitution for which they fought,” Justice Kennedy wrote in a plurality decision.
Earlier this year, the Comic Book Legal Defense Fund signed onto a friend-of-the-court brief filed in the case by Media Coalition, a trade association that defends the First Amendment rights of mainstream media. The brief argued that while defamation and fraud are recognized historic exceptions to the First Amendment, there has never been an exception for false speech. In his opinion, Justice Kennedy wrote, “The Court has never endorsed the categorical rule the Government advances: that false statements receive no First Amendment protection. Our prior decisions have not confronted a measure, like the Stolen Valor Act, that targets falsity and nothing more.”
by Mark Bousquet
