Man in fake MoH case: Law restricts speech - Military News | News From Afghanistan, Iraq And Around The World - Military Times

Man in fake MoH case: Law restricts speech

LOS ANGELES — An elected official charged with falsely claiming he earned the military’s highest honor has filed a motion to dismiss the federal case against him on free speech grounds.

The motion argues that the Stolen Valor Act of 2005, under which water board member Xavier Alvarez was charged, is incompatible with the First Amendment because it restricts free speech by criminalizing false claims of military honors.

Alvarez, an elected representative to the Three Valleys Municipal Water District, said last year at a water district meeting that he was awarded the Medal of Honor for his deeds as a Marine.

After admitting he never served in the military, he was charged with violating the Stolen Valor Act. He pleaded not guilty to the misdemeanor charge.

Alvarez’s lawyer Brianna J. Fuller argued in the motion to dismiss, which will be heard Jan. 14 in federal court, that “protecting the reputation of military decorations” is not a compelling enough reason to place “restrictions on false statements.”

But government prosecutors said in their opposition submitted Wednesday that the First Amendment does not protect deliberate falsehoods.

DISCUSS: Alvarez's claim -- Is he protected?