'What is that Honor?': Re-Thinking Free Speech in the 'Stolen Valor' Case

Abstract

This Article addresses the recent emotionally-charged Supreme Court case of United States v. Alvarez. In Alvarez, the Court struck down on free speech grounds the Stolen Valor Act, which, in effect, prohibited lying claims to have been personally awarded particular military medals. The Article first presents four distinctive reasons why, if possible, the Court should have avoided deciding this case on free speech grounds. The Article then argues that if the Court was nevertheless somehow bound to reach the free speech merits, the same four reasons presented above should have persuaded the Court to have upheld the statute. Among the relevant considerations are an appropriate degree of judicial modesty under the particular circumstances, and the only minimal degree to which the logic and value of free speech were realistically implicated in the case.