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Stolen Valor Act Argument

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In his general orders of 1782, General George Washington authorized several military decorations to recognize "unusual gallantry" and other outstanding achievements.  He further provided, "Should any who are not entitled to the honors, have the insolence to assume the badges of them, they shall be severely punished."

On General Washington's 280th birthday, the Supreme Court will hear argument on whether a modern version of the latter provision is constitutional in United States v. Alvarez, No. 11-210.

Our brief for the Legion of Valor and CJLF is here.

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I believe that there is a Scalia opinion that talks (in the First Amendment context) about how the practices of the country near the ratification of the constitution give life to the text and are not to be contradicted by the logic of later cases construing the constitution. I'm probably garbling it a bit.

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