So I guess I can trot around with fake FBI credentials and that is ok now…
Eugene Volokh (UCLA Law Professor) who many of you may know through his website has some good commentary on this:
http://volokh.com/2010/07/16/stolen-valor-act-held-unconstitutional
I tend to agree with him on this (and many other things, too). I agree that the courts must look at laws like this very carefully with regard to 1st Amendment issues. What if I wear a Halloween costume with a medal on it? Clearly I’m not actually trying to claim I won the medal.
But if, given all of the facts and circumstances, I am trying to actually claim that I received an award when I did not, then that is problematic. As Prof. Volokh says, the court is drawing some awfully thin lines between “fraud” where someone is actually harmed and “attempted fraud” where I lie but nobody is harmed.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
“Congress shall make no law,” seems about as clear as anything can possibly be. Freedom of speech isn’t there for you and I. It’s there for all the people who’s speech you and I find appalling.