First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Man pleads guilty to violating Stolen Valor Act

By The Associated Press
05.07.08

LOS ANGELES — A man who lied during a public meeting about being awarded the nation's highest military honor pleaded guilty on May 5 to violating the Stolen Valor Act of 2005.

Xavier Alvarez, 50, of Pomona, said he had served as a Marine and won the Congressional Medal of Honor when he was introduced as a newly elected member of a Claremont water board in July 2007.

"I'm a retired Marine of 25 years. I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got wounded many times by the same guy. I'm still around," Alvarez said during the meeting, according to a recording of it.

His attorney, Deputy Federal Public Defender Brianna Fuller, argued that his free speech was protected by the First Amendment. Government prosecutors argued that the First Amendment does not protect deliberate falsehoods.

His plea with the U.S. Attorney's Office reserves Alvarez's right to appeal his case on the basis of a First Amendment challenge.

Alvarez faces up to one year in federal prison and a $100,000 fine when he is sentenced on July 21.


Previous
Calif. official fights federal charge for claiming false military honor
Lawyer for Xavier Alvarez asks court to dismiss case, says 'protecting the reputation of military decorations' is not compelling enough reason to place 'restrictions on false statements.' 01.07.08

Related

2 men challenge federal law barring lies about military medals

Attorneys representing men charged with violating Stolen Valor Act say First Amendment protects almost all speech that doesn't hurt someone else. 02.09.10

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Tuesday, February 9, 2010 | 06:39:34
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links