CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

A Member of the Law Professor Blogs Network

Monday, October 11, 2010

Diluted valor and mistaken good opinions as criminal harms

This A.P. story from the Washington Post raises the issue, though the focus is on the First Amendment:

DENVER -- The Justice Department is battling to save a federal law that makes it illegal to lie about being a war hero, appealing two court rulings that the statute is an unconstitutional muzzle on free speech.

The fight could be carried all the way to the U.S. Supreme Court, where it would face an uncertain fate, legal analysts said.

. . .

The Stolen Valor Act makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal, whether or not an impostor seeks financial gain.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco and a federal district court in Denver have both ruled the law is unconstitutional on First Amendment grounds.

http://lawprofessors.typepad.com/crimprof_blog/2010/10/diluted-valor-and-mistaken-good-opinions-as-criminal-harms.html

| Permalink

Comments

Post a comment