SUBJECT AREA Self improvement
CREATED ON 27th December 2017

United States v. Alvarez Essay

In United States v. Alvarez, Xavier Alvarez maintained that he was a retired marine who had received the Congressional Medal of Honor in 1987 to be wounded repeatedly by precisely the exact same person in battle. These claims were made in an attempt to have him gain more respect from his peers. The promise was that Alvarez had broken up the Stolen Valor Act of 2005. The Stolen Valor Act of 2005 says that there are protections against claiming to have obtained some type of military honor, like the Medal of Honor and other military awards and decorations (GovTrack). The Government said that there was first amendment value related to Alvarez's false statements, and that his announcements caused harm to others. By making this statement, it was contended that the value of the award of Honor would drop and that this type of bogus speech falls under precisely the same category as talking liberally on behalf of the government as a government official. But since his statements were not made with the intention of fiscal benefits or special treatment, his fictitious claims might not be prohibited because they were made for the purpose of gaining respect. The situation has been decided 6-3 in favor of Alvarez. The Supreme Court ruled the Stolen Valor Act unconstitutional in violation of the First Amendment. Justices Kennedy, Roberts, Ginsburg and Sotomayor joined at a plurality opinion. The plurality stated that freedom of speech under the First Amendment protects lying and false statements. Although the lies are frowned upon and socially unacceptable, the First Amendment protects those kinds of statements. With the use of strict scrutiny to this case, the Justices within the plurality found the Stolen Valor Act was quite broad and when it had more special restric...

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