First Amendment: Freedom of speech

Source: Stolen Valor Act Is Declared Unconstitutional by Circuit Court, August 18, 2010

http://atwar.blogs.nytimes.com/2010/08/18/stolen-valor-act-is-declared-unconstitutional-by-circuit-court/?scp=1&sq=freedom%20of%20speech%20cases&st=cse
Constitutional Connection:


Article 1, The legislative branch, Section 9,''The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.''1

Analysis of the Connection:

Congress believed that they had solved the problem of criminalizing speech by balancing the rights in 2006,but circuit court disagrees because in a decision made based on the defendant, Xavier Alvarez, had claimed to be a Marine and a winner of the Medal of Honor, the nation’s highest, but it was true it was all a lie. Congress looks at is act as a criminalizing speech. Circuit court feels it is unconstitutional defying the defendant's freedom of speech. They make the claim that in a 2-to-1 ruling, the appellate court said that if the law were held constitutional, many everyday lies could become criminal acts.


This article obviously proves Article 1, Section 9 of the United States Constitution. Congress thought they had everything worked out when it comes to criminalizing speech 4 years ago until this case. The the family cases of the first amendment are heard by the circuit court. Circuit Court felt that if this case was a incriminalizing speech when it was all a lie then most people would be in jail lying because people do it everyday.  It shows that freedom of speech is a law and if it is a lie that doesn't  harm others or isn't a threat it is not criminalizing speech.

I feel the society would be horrible if lying was incriminalizing speech because people lie all the time. This article caught my interest because of the fact that this man almost went to jail for lying about being a Marine and a winner of the Medal of Honor, the nation’s highest. This case should not have even came up because this wasn't a threat nor did it harm anyone in any way. Although, it may have offended a Marine, but this man had the right to freedom of speech. This case being was a mistake or bad idea.