Wotka World Wide

Tuesday, July 10, 2012

Amidst all the coverage regarding the Supreme Court's decision on the Affordable Care Act, another decision of theirs was overlooked, in United States v. Alvarez.  The court struck down the 2005 Stolen Valor Act, which prohibited false claims about receipt of military medals or decorations.  According to the court, by a 6-3 majority, with Kennedy and Roberts joining the liberal wing, lies of this nature are protected by the First Amendment.  Richard Epstein observes that this decision is not in keeping with the common law origins of the Constitution, which has made prosecutions for misrepresentation and fraud, among other things, increasingly difficult.


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