Tenth Circuit rules criminalizing false claims of military honors is constitutional.

The US Court of Appeals for the Tenth Circuit ruled…

The US Court of Appeals for the Tenth Circuit ruled on Friday that the Stolen Valor Act (SVA), which criminalizes the act of falsely claiming to have received a medal from the US military, is constitutional and not a violation of the First Amendment right to freedom of speech.

The SVA imposes a six month prison sentence on anyone who falsely claims to have received a military service medal or a one year sentence if the individual claimed to have received a Congressional Medal of Honor.

The court stated that “knowingly false factual statements are not intrinsically protected under the First Amendment” as long as the law punishing false statements provides “breathing space” for protected speech: “knowingly false statements, in contrast even to incendiary ideas, are no part of the ‘the common quest for truth and the vitality of society as a whole.’

Source: TJ Center

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