Title

Lies, Valor Lies,and The First Amendment

Presenter Information

Jonathan Umana
Nicole Smith

Document Type

Oral Presentation

Location

SURC 137A

Start Date

16-5-2013

End Date

16-5-2013

Abstract

The First Amendment has held a unique and controversial place in United States jurisprudence. More specifically, speech that has been deemed unpopular has been shielded by protections under this amendment. However, do the protections of the First Amendment extend to speech that is factually untrue? In United States v. Alvarez, the court addressed the constitutionality of the Stolen Valor Act, a decree criminalizing false claims of military decorations or medals with the intent of protecting those that have rightfully acquired such distinctions. In Alvarez, the United States Supreme Court issued a splinted decision and ruled the Stolen Valor Act unconstitutional under the First Amendment. This presentation will discuss the goals of the First Amendment, facts and logic surrounding the Alvarez case, as well as various rationales produced by the court. This presentation will also discuss broad justifications of protecting different types of speech including false statements. In addition, the analysis will focus on the rationalization utilized by the court and the role of the market place of ideas in the plurality decision.

Faculty Mentor(s)

Cody Stoddard

Additional Mentoring Department

Law and Justice

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May 16th, 9:30 AM May 16th, 10:50 AM

Lies, Valor Lies,and The First Amendment

SURC 137A

The First Amendment has held a unique and controversial place in United States jurisprudence. More specifically, speech that has been deemed unpopular has been shielded by protections under this amendment. However, do the protections of the First Amendment extend to speech that is factually untrue? In United States v. Alvarez, the court addressed the constitutionality of the Stolen Valor Act, a decree criminalizing false claims of military decorations or medals with the intent of protecting those that have rightfully acquired such distinctions. In Alvarez, the United States Supreme Court issued a splinted decision and ruled the Stolen Valor Act unconstitutional under the First Amendment. This presentation will discuss the goals of the First Amendment, facts and logic surrounding the Alvarez case, as well as various rationales produced by the court. This presentation will also discuss broad justifications of protecting different types of speech including false statements. In addition, the analysis will focus on the rationalization utilized by the court and the role of the market place of ideas in the plurality decision.