Encouraging Congress to Encourage Speech: Reflections on United States V. Alvarez

33 Pages Posted: 29 Aug 2019

See all articles by Jeffery Barnum

Jeffery Barnum

United States Coast Guard; Independent

Date Written: February 28, 2013

Abstract

In United States v. Alvarez, 567 U.S. 709 (2012), the Supreme Court struck down the Stolen Valor Act of 2005. However, no opinion could attract a majority of the Court, leaving courts, commentators, and lawmakers uncertain as to how to constitutionally proscribe harmful falsehoods. This article examines the various opinions and charts a course for lawmakers in developing constitutionally acceptable regulations of harmful false speech.

Suggested Citation

Barnum, Jeffery and Barnum, Jeffery, Encouraging Congress to Encourage Speech: Reflections on United States V. Alvarez (February 28, 2013). Albany Law Review, Vol. 76, No. 1, 2013, Available at SSRN: https://ssrn.com/abstract=2710183

United States Coast Guard ( email )

United States

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