Lying Without More is Not a Crime: Supreme Court on Xavier Alvarez

Xavier Alvarez seems to enjoy lying about everything in his life, from whom he married, where he went to school and military honors.   Having been outed about his lies and convicted for it under the Stolen Valor Act, he appealed all the way to the United States Supreme Court.  The Supreme Court found that lying without more is not a crime and struck down the Stolen Valor Act as written as unconstitutional.  “While the Government’s interest in protecting the integrity of the Medal of Honor is beyond question, the First Amendment re­quires that there be a direct causal link between the restriction im­posed and the injury to be prevented.  Here, that link has not been shown. The Government points to no evidence supporting its claim that the public’s general perception of military awards is diluted by false claims such as those made by respondent.  And it has not shown, and cannot show, why counterspeech, such as the ridicule re­spondent received online and in the press, would not suffice to achieve its interest.”  In a concurring opinion by Justices Kagan and Breyer the justices gave an example of what injury met.  If the statement caused specific harm like landing a job, then the lying could be charged under something more like fraud and would be held constitutional.  Click on the link for entire opinion: United States v. Xavier Alvarez, 11-210