In the same term session as the Affordable Health Care ruling was announced- the Court in Alvarez v. United States upheld the Ninth Circuit Court of Appeals ruling that the Stolen Valor Acts criminal penalties violated the First Amendment prohibitions against free speech. False bravado and cowardly usurpation of the accomplishments of others is apparently protected speech just as corporate chicanery in the political process is under Citizens United. You wont hear that the Obama administration urged the reversal of the Court and argued that this is not protected speech. The Court disagreed. The Court understandably wishes to protect a fundamental right to the greatest extent envisioned by the Framers but we believe legislators, state and federal, have the right to decide what is so offensive that it bears criminal sanction. Noone would seriously disagree that a cowards use of revered medals to lie about non accomplishments incites others to react and denigrates military honor- all valid goals of the Stolen Valor Act. The Court got this one wrong.
Dave Parker Show
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