United States Ninth Circuit

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US v. Alvarez, 08-50345

Defendant's conviction for falsely verbally claiming to have received the Congressional Medal of Honor is reversed where the Stolen Valor Act lacked the elements that would make it analogous to the other restrictions on false speech previously held to be proscribable without constitutional problem, and thus the Act was not narrowly drawn to achieve a compelling governmental interest, and was unconstitutional.

Appellate Information

  • Decided 08/17/2010
  • Published 08/17/2010

Judges

  • Milan D. Smith

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Jonathan D. Libby, Craig H. Missakian


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