This past Monday, the U.S. Supreme Court agreed to hear a case that will decide whether or not Congress can make it a crime for people to lie about receiving Congressional military awards or medals.
The case concerns Xavier Alvarez, a member of the board of directors for a water district in Southern California. Alvarez, when describing his credentials at a public meeting in 2007, said that he was a retired Marine of 25 years and that he was awarded the Congressional Medal of Honor, none of which was true. He was subsequently charged with violating the Stolen Valor Act of 2005, which makes it illegal for him to lie about receiving the medal. Alvarez contested the charges on the grounds that he was protected under the First Amendment to say whatever he wants about his credentials, regardless of their validity.
A court ruling against Alvarez would set an ominous precedent for cases concerning free speech in the future. If citizens cannot lie about receiving or not receiving a medal, then what can they lie about without being persecuted for their words? Will the Supreme Court suddenly declare that lying about one’s age or ethnicity is also a crime?
While of course lying in a public forum is not a practice that should be condoned, it should not be legally restrained in any way. Alvarez had a right to paint himself however he pleased, and if he were lying, it would be the role and responsibility of the media to uncover that, not the right of the government.
Moreover, the Stolen Valor Act puts lies about certain achievements like Congressional Medals of Honor on an unwarranted pedestal. How can it be constitutional that people can lie about whatever they want, unless it concerns a medal from Congress? It creates an exception to the free speech rule that leaves far too much room for corruption and censorship to settle in.
Laws restricting free speech should only involve the threat of imminent danger, and the Stolen Valor Act involves no such thing, but merely serves to protect the precious vanity of the legislature. If Alvarez and people like him are ignorant enough to publicize a lie like receiving a Congressional Medal, then it is more than likely that the media will out them and undermine their credibility. Congress need not be involved in cases like these, nor should they be allowed to curb free speech when no harm would ensue from Alvarez’s actions.
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