Thursday, June 28, 2012
Stolen Valor Act unconstitutional
Like Paul, I have been waiting for Alvarez as much as anything this term. The Court affirmed the Ninth Circuit and held the statute unconstitutional. Justice Kennedy wrote for a plurality (himself, the Chief, Giinsburg, Sotomayor), with Breyer and Kagan concurring in the judgment to suggest that the statute is unconstitutional as is, but could be redrafted. Alito (no suprise), Scalia, and Thomas dissent.
This explains why the case took so long. I am particularly intrigued by Kagan's vote; I had seen her staking out a highly speech-protective position, so I am curious that she did not go the whole way on this one. And the Chief is turning out to be an (unexpectedly?) strong proponent of a libertarian First Amendment.
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