COMMENTARY | The U.S. Supreme Court is in deliberations about whether or not the Stolen Valor Act of 2005 is constitutional, or if it violates an individual’s freedom of speech.
At the core of the issues is the case Xavier Alvarez, a California man who announced during a local election campaign that he was awarded the Medal of Honor, the highest military honor a service member can receive. He claimed that he was a Marine and was recognized for his heroic duties.
It was later determined that Alvarez lied about his claim and never served in the military, nor had he received the Medal of Honor. The FBI learned of his false assertion, tracked him down and arrested him. It’s a federal offense to lie about being the recipient of a military medal.
Alvarez was imprisoned and appealed his case. An appellate court eventually reversed the decision, placing a final decision in the laps of our highest ranking justices.
Freedom of speech is a fundamental right, so long as it doesn’t provoke a riot or cause physical injury. The dilemma facing the Supreme Court is to determine if protecting an individual’s right to lie outweighs the protection of the honor and valor displayed by service members.
Of the hundreds of thousands of service members to don military uniforms in the United States, only 3,458 have received the Medal of Honor. Eighty-three are still alive today. The most recent to receive the medal was Marine Sgt. Dakota Meyer for his service in Afghanistan.
Alvarez’s attorney, Jonathan Libby, said it’s not a crime to lie and stopped short of calling his client a compulsive liar. He said people tell tall tales all the time and are never prosecuted for it.
That’s where the court is having some dissention. Justice Anthony Kennedy seems to be in favor of upholding the act, whereas Justice Sonia Sotomayor asked, “…outside of the emotional reaction, where’s the harm?” One justice went as far as asking if a similar law could be established that made it a crime to lie about an extramarital affair.
A decision on the case is due in June.
The Medal of Honor is not something that is randomly handed out. Some service members died during their gallant efforts, receiving the medal posthumously. To allow other to lay claim to such an honor is a crime … and dishonors those who wear it.