In a case pending in federal district court, the defendant is charged with violating the Stolen Valor Act of 2005. The statute makes it a crime for a person to falsely claim to have been awarded any of several military decorations or medals. The false statement, by itself, is sufficient for conviction. The government need not prove that defendant gained anything of value or that anyone was harmed.
The defendant moved to dismiss on the ground that the statute violated the First Amendment. After Judge Blackburn issued an order inviting amicus briefs, the ACLU of Colorado responded with a brief arguing that the statute criminalizes pure speech and violates the right of free expression.
The District Court held that the Stolen Valor Act violated the First Amendment. The Tenth Circuit initially reversed, but then vacated its ruling and affirmed the district court in light of Alvarez v. United States, 567 U.S. 709 (2012), where the Supreme Court held that the statute violated the First Amendment.
ACLU case number
2009-21
