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Thursday, June 28, 2012

The "Stolen Valor" case — United States v. Alvarez.

From the SCOTUSblog live blog this morning in the Supreme Court:
In Alvarez, the Ninth Circuit is affirmed. Per Kennedy. His opinion is for a plurality.

The statute violates the First Amendment. Breyer and Kagan concur and conclude that the Act as presently drafted fails First Amendment scrutiny. So Congress probably could rewrite it.

"Lying was his habit" is how the opinion begins.

Alito, Scalia, and Thomas dissent.
Here's the opinion PDF.

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