Hey! That’s My Valor: The Stolen Valor Act and Government Regulation of Speech Under the First Amendment

Posted: 16 Sep 2011  

Kathryn Smith

Boston College Law Review

Date Written: September 14, 2011

Abstract

The Stolen Valor Act makes it a criminal offense to lie about receiving military decorations. Through the Stolen Valor Act, the government seeks to protect the honor associated with receiving military decorations. The Stolen Valor Act raises several First Amendment issues and recently has been held unconstitutional by several courts, including the Ninth Circuit in the 2010 decision United States v. Alvarez. This Note argues that in light of the First Amendment framework and false speech in other contexts, the Stolen Valor Act unconstitutionally restricts First Amendment freedoms.

Keywords: Stolen Valor Act

Suggested Citation

Smith, Kathryn, Hey! That’s My Valor: The Stolen Valor Act and Government Regulation of Speech Under the First Amendment (September 14, 2011). Available at SSRN: https://ssrn.com/abstract=1927590 or http://dx.doi.org/10.2139/ssrn.1927590

Kathryn Smith (Contact Author)

Boston College Law Review ( email )

885 Centre Street
Newton, MA 02459-1163
United States

Paper statistics

Abstract Views
299