Lawyers challenging federal faker laws
Posted : Tuesday Feb 2, 2010 13:17:43 EST
DENVER — A federal law that makes it illegal for anyone to falsely claim military medals is facing First Amendment challenges in Colorado and California.
Lawyers in both cases have made similar arguments against the Stolen Valor Act, saying that lying is protected by the First Amendment unless it does real harm.
Xavier Alvarez of Pomona, Calif., admitted he falsely claimed he received the Medal of Honor, the nation’s highest military decoration.
A judge rejected a motion to dismiss the charge on free speech grounds. Alvarez has appealed.
In Colorado, Richard Glen Strandlof is awaiting trial on charges of falsely claiming he received a Purple Heart and Silver Star.
He pleaded not guilty. The judge hasn’t ruled on motions raising the free speech argument.
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