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UNITED STATES v. ALVAREZ

Docket No.: 11-210
Certiorari Granted: 10/17/11
Argued: February 22, 2012
Decided: 06/28/12

Topics:

Article I, Defamation, ERISA, First Amendment, Freedom of Speech, Libel, National Labor Relations Act, Perjury, Stolen Valor Act, Stolen Valor Act of 2005, Uniform Code of Military Justice, antitrust, copyright, immigration, patent, privacy, trademark

PartyNames: United States v. Xavier Alvarez
Petitioner: United States
Respondent: Xavier Alvarez

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 617 F.3d 1198
Supreme Court Docket

United States
v.
Xavier Alvarez
Background:

Section 704(b) of Title 18, United States Code, makes it a crime when anyone "falsely represents himself or herself, * * * verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States."

Question Presented:

Section 704(b) of Title 18, United States Code, makes it a crime when anyone "falsely represents himself or herself, * * * verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States." The question presented is whether 18 U.S.C. 704(b) is facially invalid under the Free Speech Clause of the First Amendment.

Question:

Does 18 U.S.C. 704(b), the Stolen Valor Act, violate the Free Speech Clause of the First Amendment?

Note:

awarded any decoration or medal authorized by Congress for the Armed Forces of the United States." The question presented is whether 18 U.S.C. 704(b) is facially invalid under the Free Speech Clause of the First Amendment.

UNITED STATES v. ALVAREZ
ORAL ARGUMENT

02/22/12

Listen to Oral Argument in UNITED STATES v. ALVAREZ
Holding: AFFIRMED
Vote: 6-3
Majority: Kennedy, Chief Justice Roberts, Ginsburg, Sotomayor
Concurring: Breyer,Kagan
Dissenting: Alito, Scalia, Thomas
Opinion By:

UNITED STATES v. ALVAREZ
Case Documents

1Opinion in UNITED STATES v. ALVAREZ
2UNITED STATES v. ALVAREZ Oral Argument Audio (February 22, 2012)
3UNITED STATES v. ALVAREZ Opinion (HTML)
4UNITED STATES v. ALVAREZ Syllabus (HTML)
5UNITED STATES v. ALVAREZ Oral Argument Audio
6UNITED STATES v. ALVAREZ Oral Argument Transcript (PDF)
7UNITED STATES v. ALVAREZ Oral Argument Transcript (HTML)
8Petition for Writ of Certiorari
9BRIEF FOR PETITIONER
10BRIEF OF THE CONGRESSIONAL MEDAL OF HONOR FOUNDATION AS AMICUS CURIAE IN SUPPORT OF PETITIONER
11BRIEF AMICI CURIAE OF THE LEGION OF VALOR OF THE UNITED STATES AND THE CRIMINAL JUSTICE LEGAL FOUNDATION IN SUPPORT OF PETITIONER
12AMICUS BRIEF CLINIC OF THE UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW AS AMICUS CURIAE IN SUPPORT OF NEITHER PARTY
13BRIEF OF PROFESSORS EUGENE VOLOKH AND JAMES WEINSTEIN AS AMICI CURIAE IN SUPPORT OF PETITIONER
14BRIEF FOR VETERANS OF FOREIGN WARS OF THE UNITED STATES; AMVETS; DISABLED AMERICAN VETERANS; JEWISH WAR VETERANS OF THE UNITED STATES; MILITARY ORDER OF THE WORLD WARS; VIETNAM VETERANS OF AMERICA; MILITARY OFFICERS ASSOCIATION OF AMERICA; NON-COMMISSIONED OFFICERS ASSOCIATION; NATIONAL ASSOCIATION FOR UNIFORMED SERVICES; ASSOCIATION OF THE UNITED STATES ARMY; ASSOCIATION OF THE UNITED STATES NAVY; AIR FORCE ASSOCIATION; MARINE CORPS LEAGUE; AIR FORCE WOMEN OFFICERS ASSOCIATED; RESERVE OFFICERS ASSOCIATION; ARMY RESERVE ASSOCIATION; FLEET RESERVE ASSOCIATION; NATIONAL GUARD ASSOCIATION OF THE UNITED STATES; MILITARY ORDER OF THE PURPLE HEART; DISTINGUISHED FLYING CROSS SOCIETY; SPECIAL FORCES ASSOCIATION; U.S. ARMY RANGER ASSOCIATION, INC.; FLAG AND GENERAL OFFICERS' NETWORK; WEST POINT ASSOCIATION OF GRADUATES; AND ASSOCIATION OF GRADUATES, U.S. AIR FORCE ACADEMY AS AMICI CURIAE SUPPORTING PETITIONER
15BRIEF OF TEXAS, ALABAMA, ALASKA, COLORADO, FLORIDA, HAWAII, IDAHO, INDIANA, KANSAS, LOUISIANA, MAINE, MICHIGAN, MINNESOTA, NEW MEXICO, OKLAHOMA, PENNSYLVANIA, RHODE ISLAND, TENNESSEE, UTAH, AND WEST VIRGINIA AS AMICI CURIAE IN SUPPORT OF PETITIONER
16BRIEF OF AMICUS CURIAE THE AMERICAN LEGION SUPPORTING PETITIONER
17PETITION FOR A WRIT OF CERTIORARI
Additional documents for this case are pending review.