Reference no: EM13855201

US v. Alvarez

Facts of the Case:

On July 23, 2007, Xavier Alvarez, a member of the Three Valleys Water District Board of Directors, attended a joint meeting with the Walnut Valley Water District Board of Directors at the Board’s headquarters. Mr. Alvarez was invited to speak about his background, and he stated, “I’m a retired marine of 25 years. I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor.” In fact, Mr. Alvarez had not received the Congressional Medal of Honor, nor any other military medal or decoration. He had also had never served in the United States Armed Forces.

The Stolen Valor Act of 2005 makes it a crime to falsely claim receipt of military decorations or medals. On September 26, 2007, Mr. Alvarez was charged in the Central District of California with two counts of falsely representing that he had been awarded the Congressional Medal of Honor in violation the Stolen Valor Act of 2005. Mr. Alvarez moved to dismiss on the grounds that the statute violated his first amendment right to free speech. The district court denied Alvarez’s motion to dismiss. The respondent thereafter pleaded guilty, but reserved his right to appeal.

Alvarez appealed to the U.S. Court of Appeals for the Ninth Circuit, and the court reversed and remanded the lower court’s decision. It reasoned that the Supreme Court had never held that the government may prohibit speech simply because it is knowingly false and that some knowingly false speech could have affirmative constitutional value. The court of appeals denied the government’s request for rehearing. Thereafter, the government appealed the court of appeals’ decision.

The U.S. Supreme Court agreed to hear the case in 2011. The question for the Court - does the Stolen Valor Act violate the Free Speech Clause of the First Amendment?

Please read the majority opinion by the U.S. Supreme Court and summarize the Court's conclusion in that opinion and the reasons for its conclusion (in 250 words).