Supreme Court to rule on Stolen Valor Act - Military News | News From Afghanistan, Iraq And Around The World - Military Times

Supreme Court to rule on Stolen Valor Act

The Supreme Court has agreed to hear a case questioning the constitutionality a 2006 law that makes it a criminal offense to lie about being decorated for military service.

The court said Monday that it will hear the case of Xavier Alvarez. While running for election in 2007 to a seat on a local water board in California, Alvarez claimed that he had been awarded the Medal of Honor while serving in the Marine Corps. He later admitted that he was never in the military.

The government prosecuted him and he pleaded guilty, faced a fine of $5,000 and was ordered to perform 416 hours of community service.

Alvarez appealed the conviction, claiming the Stolen Valor Act violates his freedom of speech. He won, and that ruling was upheld by the 9th Circuit Court of Appeals in California, which essentially ruled that people have a right to lie about being in the military.

The Justice Department asked the Supreme Court to hear the case and consider reinstating Alvarez’s conviction, and affirming the law’s constitutionality.

The Supreme Court may hear the case during its upcoming term, which would lead to an oral argument in the spring and a ruling by June.