January 16, 2008

Lying as "Protected Speech"

Oh, yeah.

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.

Via Dan Collins at Protein Wisdom.

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