10th Circuit upholds Stolen Valor Act

Associated Press

Friday, January 27, 2012

DENVER — A federal appeals court in Denver ruled today that a federal law making it illegal to lie about being a war hero is constitutional and making such false statements is not protected free speech.

In U.S. v. Strandlof, the 10th U.S. Circuit Court of Appeals reversed a federal judge’s decision that the Stolen Valor Act violates the First Amendment. Today’s ruling is at odds with a decision by the San Francisco-based 9th Circuit in a separate challenge to the federal law.

The U.S. Supreme Court has already decided to review the 9th Circuit case, U.S. v. Alvarez, and rule on the constitutionality of the Stolen Valor Act.

The Colorado case involves a man who was arrested after claiming he was wounded in Iraq as a Marine and had received military medals. His lawyers have acknowledged that is false.

Courts in Georgia and Missouri have considered similar cases.

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