"The Stolen Valor Act: Is Policing Honesty The Best Policy?" Los Angeles Daily Journal
Publications
December 15, 2011
In this article, which is the December 2011 “Content Matters” column in the Los Angeles Daily Journal and San Francisco Daily Journal, Jenner & Block Partner Andrew J. Thomas examines the 9th U.S. Circuit Court of Appeals case, United States v. Alvarez, which concerns the Stolen Valor Act and will be heard by the U.S. Supreme Court during this term. Mr. Thomas notes that the Stolen Valor Act makes it a federal crime, punishable by fines and up to a year in prison, for a person falsely to claim to have "been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States." In 2007, Xavier Alvarez, a member of a municipal water district board violated the statute during a speech to a neighboring water board, in which he claimed that he was a "retired Marine of 25 years," that he "got wounded many times by the same guy," and that he was awarded the Congressional Medal of Honor in 1987. None of this was true. The 9th Circuit reversed Mr. Alvarez’s conviction and struck down the Act. Mr. Thomas goes on to note that Alvarez presents the Supreme Court with some sticky choices, as it addresses the question of whether or not there is a First Amendment right to tell lies about yourself or whether the government may broadly punish any speech that is deemed false, including speech on political, social or scientific issues.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
December 15, 2011
In this article, which is the December 2011 “Content Matters” column in the Los Angeles Daily Journal and San Francisco Daily Journal, Jenner & Block Partner Andrew J. Thomas examines the 9th U.S. Circuit Court of Appeals case, United States v. Alvarez, which concerns the Stolen Valor Act and will be heard by the U.S. Supreme Court during this term. Mr. Thomas notes that the Stolen Valor Act makes it a federal crime, punishable by fines and up to a year in prison, for a person falsely to claim to have "been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States." In 2007, Xavier Alvarez, a member of a municipal water district board violated the statute during a speech to a neighboring water board, in which he claimed that he was a "retired Marine of 25 years," that he "got wounded many times by the same guy," and that he was awarded the Congressional Medal of Honor in 1987. None of this was true. The 9th Circuit reversed Mr. Alvarez’s conviction and struck down the Act. Mr. Thomas goes on to note that Alvarez presents the Supreme Court with some sticky choices, as it addresses the question of whether or not there is a First Amendment right to tell lies about yourself or whether the government may broadly punish any speech that is deemed false, including speech on political, social or scientific issues.
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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