United States, Petitioner v. Xavier Alvarez (567 U.S. 709)
U.S. Supreme Court · decided June 28, 2012 · Supreme Court Database (Spaeth)
- Citation
- 567 U.S. 709 · 132 S. Ct. 2537
- Decided
- June 28, 2012
- Term
- October Term 2011
- Vote
- 6–3
- Majority author
- Justice Kennedy
- Issue area
- First Amendment
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
- Constitutional ruling
- Federal law held unconstitutional
Opinion excerpt
Justice Kennedy announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice Ginsburg, and Justice Sotomayor join. Lying was his habit. Xavier Alvarez, the respondent here, lied when he said that he played hockey for the Detroit Red Wings and that he once married a starlet from Mexico. But when he lied in announcing he held the Congressional Medal of Honor (or Medal), respondent ventured onto new ground; for that lie violates a federal criminal statute, the Stolen Valor Act of 2005. 18 U. S. C. § 704. In 2007, respondent attended his first public meeting as a board member of the Three Valley Water District Board. The board is a governmental entity with headquarters in Claremont, California. He introduced himself as follows: “‘I’m a retired marine of 25 years. I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got wounded many times by the same guy. ’ ” 617 F. 3d 1198, 1200 (CA9 2010). None of this was true. For all the record shows, respondent’s statements were but a pathetic attempt to gain respect that eluded him. The statements do not seem to have been made to secure employment or financial benefits or admission to privileges reserved for those who had earned the Medal. Respondent was indicted under the Stolen Valor Act for lying about the Congressional Medal of Honor at the meeting. The United…
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