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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:
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