Thursday, June 28, 2012

Lying is protected speech according to this court

In yet another example of a supreme court ruling that boggles the mind and defies common reason. the court ruled today that lying is a constitutionally protected act under the first amendment and freedom of speech.

'More specifically, it is alright to lie about military honors, awards and medals. No harm,,,,,no fowl in lying about being a supposed hero. 
Court tosses law about false claims on medals Published June 28, 2012 Associated Press WASHINGTON – The Supreme Court on Thursday struck down a federal law making it a crime to lie about receiving the Medal of Honor and other prized military awards, with justices branding the false claim "contemptible" but nonetheless protected by the First Amendment.

The court voted 6-3 in favor of Xavier Alvarez, a former local elected official in California who falsely said he was a decorated war veteran and had pleaded guilty to violating the 2006 law, known as the Stolen Valor Act. The law, enacted when the U.S. was at war in Afghanistan and Iraq, was aimed at people making phony claims of heroism in battle.

The ruling, written by Justice Anthony Kennedy, ordered that the conviction be thrown out.

"Though few might find respondent's statements anything but contemptible, his right to make those statements is protected by the Constitution's guarantee of freedom of speech and expression. The Stolen Valor Act infringes upon speech protected by the First Amendment," Kennedy said.

The high court has in recent years rejected limits on speech. The justices struck down a federal ban on videos showing graphic violence against animals and rejected a state law intended to keep violent video games away from children. The court also turned aside the attempt by the father of a dead Marine to sue fundamentalist church members who staged a mocking protest at his son's funeral. In 1989, the court said the Constitution protects the burning of the American flag.

Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented in the Alvarez case.

"These lies have no value in and of themselves, and proscribing them does not chill any valuable speech," Alito said. "By holding that the First Amendment nevertheless shields these lies, the court breaks sharply from a long line of cases recognizing that the right to free speech does not protect false statements that inflict real harm and serve no legitimate interest."

Read more:

No comments: