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The Stolen Valor Act

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Is there a constitutional right to lie about being a war hero?  Eugene Volokh has this post.  The decision of the USDC-Colorado is here.  Eugene's amicus brief is here. The ACLU and the Rutherford Institute filed amicus briefs in support of the phony.  On to the Tenth Circuit, assuming the current leadership of DoJ will appeal.

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Maybe I am missing something, but I didn't think there was a right to lie publicly about what one did in the war by wearing medals etc given to war heroes. Impersonation, it seems to me, is not a First Amendment right.

I'm no fan of criminalizing speech, but this seems like speech plus something else to me. Could a state criminalize people falsely claiming that they are lawyers? Probably. I don't see how this is different.

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