The First Amendment and lies

Eugene Volokh walks you through the latest on the First Amendment and Supreme Court challenges. This one has to do with the Stolen Valor Act, which is now coming before the Justices.

(T)he Supreme Court has agreed to hear the Stolen Valor Act case (United States v. Alvarez), and in the process decide the scope of First Amendment protection for knowingly false statements of fact … Among other things, the decision could affect whether state laws banning knowing lies in election campaigns are unconstitutional, a matter on which lower courts are split …

When are knowingly false statements of fact constitutionally unprotected? That’s the issue raised by the Stolen Valor Act ligitation, in which the question is whether Congress may ban people from lying about their having gotten certain military declarations.

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