Week 3 EOC: Stolen Valor Act

The Supreme Court struck down the Stolen Valor Act that congress passed in 2006. Under the act, it is a crime to lie about winning US military medals..  The court ruled that the act was unconstitutional because it violated the free speech rights of those making false claims about winning medals.

            The court apparently didn’t want to get involved in the messy business of determining which about which subjects lies are legal and which ones lies are punishable.

“The prospect that Congress might move to outlaw other kinds of statements understandably prompted rights groups, writers, publishers, and news media outlets to urge that the Supreme Court overturn the Valor Act.[… At stake was whether the government could decree that otherwise harmless speech on any subject could be prosecuted. – Philadelphia Inquirer

           

As Reuters says, “The nation well knows that one of the costs of the First Amendment is that it protects the speech we detest as well as the speech we embrace, so while lying about receiving a Medal of Honor may be "contemptible," it is constitutionally protected free speech, as the Stolen Valor Act was struck down.”

Others are not so sure:

According to TIME, “the court held the First Amendment’s right to be vile pond scum protects those who boast falsely of military decorations as well as your normal, garden variety slime. “

Veteran’s groups are dismayed by the ruling. Meanwhile, The defense department announced plans to create a stolen valor website to help people determine if someone is lying about military medals. Lawmakers are trying to pass a revised, narrower version that would make it a misdemeanor for anyone to benefit financially from lying about military service or awards.

I can see how on the one hand this ruling protects speech which has no good purpose, but at the same time I agree that if the act was allowed to stand it would bring about all sorts of questions about what subjects it is ok to lie about and what ones it is not ok. I agree that sometimes people go to far with their lies, but where do you draw the line and who gets to decide where that line is. So I can see that a more narrowly worded law would be better.