9th Circuit Strikes Down Ban on Military-Medal Lies, Cites Crush Video Opinion
A federal appeals court is citing the First Amendment in an opinion striking down a law barring lies about military honors or decorations.
The 2-1 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals tossed the prosecution of a California man, Xavier Alvarez, who falsely claimed that he had won the Congressional Medal of Honor, Politico reports.
“We have no doubt that society would be better off if Alvarez would stop spreading worthless, ridiculous, and offensive untruths,” the opinion (PDF) said. “But, given our historical skepticism of permitting the government to police the line between truth and falsity, and between valuable speech and drivel, we presumptively protect all speech.”
Dissenting Judge Jay Bybee said the majority was ignoring the general rule that false statements of fact are unprotected.
Politico notes that all three judges on the panel are Republican appointees, and all three refer to a recent U.S. Supreme Court opinion dealing with depictions of animal cruelty. The decision in U.S. v. Stevens struck down a law intended to bar the sales of crush videos in which women kill animals by stomping on them.
Bybee also throws in citations to a law review article on speech regulation by the court’s newest justice, Elena Kagan. Says Politico, “If the Supreme Court takes this case, it could be a fascinating test of where Kagan stands on free speech issues—a subject that went largely unexplored at her confirmation hearings.”
Hat tip to How Appealing and the Wall Street Journal Law Blog.
