Brief filed: 01/20/2012
Documents
United States v. Alvarez
United States Supreme Court; Case No. 11-210
Argument(s)
The Stolen Valor Act of 2005’s false claims provision, 18 U.S.C. §704(b), which makes it a crime when anyone "falsely represents himself or herself, * * * verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States,” is constitutionally overbroad because it punishes speech protected under the First Amendment such as innocent mistakes, harmless misrepresentations, purely private speech, jokes, satire, and dramatic claims. Moreover, it lacks a mens rea requirement and the supposed harm it protects against is not supported by a substantial government interest; as such, it is a classic example of federal overcriminalization.
Author(s)
Michael V. Schafler and Jeffery M. Chemerinsky, Caldwell Leslie & Proctor PC, Los Angeles, CA.
