[StBernard] Federal Circuit Court Upholds 'Right to Lie'
westley at da-parish.com
Wed Aug 18 18:39:24 EDT 2010
Federal Circuit Court Upholds 'Right to Lie'
CBNNews.com Wednesday, August 18, 2010RSS
Even Former Illinois Gov. Rod Blagojevich faces a five-year sentence for
lying to federal agents, a federal appeals court ruled there's no evidence
that lying harms anybody.
The U.S. 9th Circuit Court of Appeals in California ruled Tuesday that, in
some cases, people have a "right to lie."
In an historic 2-1 ruling, the panel of three judges found the federal
Stolen Valor Act to be unconstitutional. The Stolen Valor Act made it a
crime to falsely claim to have won a military honor or decoration
The case involved Xavier Alvarez, an elected member of the California Water
Board, who on several occasions in 2007 lied about receiving the nation's
highest award, the Medal of Honor.
Judge Milan Smith, who also wrote for Judge Thomas Nelson, said the law went
too far, even though many legal experts view deliberate false speech as
unprotected by the Constitution.
"We have no doubt that society would be better off if Alvarez would stop
spreading worthless, ridiculous, and offensive untruths," Smith wrote.
"But given our historical skepticism of permitting the government to police
the line between truth and falsity, and between valuable speech and drivel,
we presumptively protect all speech - including false statements - in order
that clearly protected speech may flower in the shelter of the First
Amendment," he said.
Alvarez no longer sits on the water board.
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