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Alan speaks with attorney Jonathan Libby who successfully argued that the Stolen Valor Act violates the First Amendment.
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Welcome to reflect on Johnson -- he's the attorney.
Put Xavier Alvarez.
In a Supreme Court case that counts -- Libby just one before the Supreme Court.
United States vs Alvarez mentally -- victory counselor.
It appreciate your being on the program tonight it's a -- any case to make.
Because the stolen valor act which stated that one could not.
Lie about military medals.
-- military service and your client was running for office.
And apparently lied about it.
And the question was whether or not that should be against the law please fill in the blanks here because you're presented someone who admittedly.
Lied about military service to advance his own political career correct.
What was Robert.
And my about a number of state so over time -- -- elected to his position.
And we got its first meeting when in introducing themselves.
And then about went -- they'd be.
Specific lie about having received the -- He's from California he was convicted of -- stolen valor act.
Of 2006.
After publicly claiming to have won the country's highest military award the medal of -- you point out.
Later was revealed -- the he never served in the military at all he was -- to three years probation a 5000 dollars fine and community service.
But -- you appealed that decision got all the way to the Supreme Court.
Why did he do that.
-- acknowledge that it's not entirely clear I think mr.
operated.
Over the years has been paid a huge fan of those who have served in the military she had.
Work with very veterans' organizations and I think she.
He simply want to feel like -- who in fact had served.
And yet if you don't pretend that he.
How do you defend him without defending lying about.
Military service.
What what we -- doing it defending the First Amendment.
You know the first -- both new company spokesman have written speech and country.
Of course what the Supreme Court.
What about bush First Amendment impractical -- think something.
Right and -- valor act really criminalize.
Pure speech in the form of I guess they don't -- a statement was according to U.
Criminalizing pure speech in the form of bear falsity.
Amir telling of -- -- as you put it.
It does a medical -- whether the well I was told in a public meeting -- in a private conversation.
With a friend or family member that Eli should not be criminal.
Well that's right and and about the fact what the court agreed with last week I mean access.
But this is something where it didn't matter if you should really look like from the -- sort if you.
You know get this in a private conversation in a whisper.
-- -- your own home.
You know it is that the government was critical I think simply can't -- now this particular had to do it.
Military service but but the concern the court and our internal towards we're -- the -- -- you have part of the decision that there was no material benefit from the line.
What what attracted there was certainly no evidence the government presented.
Nothing to show that -- outlook has -- anything from a lot you're -- you can pick from like the -- -- election.
What that that the EE.
But a collection -- -- statement he made that that went about this particular what was actually -- after he was elected so it didn't happen impact on -- electric grid line.
He does.
You know he didn't earn more stole one sentence should he apologize.
He he has admitted that what it was wrong and and that nobody should in fact opened -- about.
-- as you know statement from veterans do not comport with your view.
Brandon Webb a former Seale founder of special -- web site.
Says that the law is important for going after more than just.
A lie because he said that we see people take advantage of unknowing good people who are trusting in their story.
Use people to get money out of -- and get positions and that without this law that can often be the case.
All the problems as well of course is that it -- Justin your -- mobilized there was no requirement on the walk or that any of that individual's concerns existed there was no requirement that there was fraud as a result of the -- -- problem seeing the benefit and that's what.
The Supreme Court will confront -- the -- and the decision is that.
You'll certainly -- state law that could be written.
How long limited true.
Someone could you make these lies in -- -- seeing something about.
I just wonder if he had told the lie about military service and that helped get him elected.
-- have been considered a material gain and -- not fall under the supreme court's ruling.
Yeah I think that's a very interesting question that it's a question and in fact came up to renew or went to court -- -- court.
It's not entirely clear.
Whether or not that would be considered pumping up the journal.
If in fact congress passes a law and depending went out with it words.
A new law.
Then it may include the tried trump profits but -- not something that may end up going up beachfront court so.
But I -- -- is this is this all settled now we expect there to be more where this came from.
Well I'm certainly aware -- there's me there's legislation pending in congress about what change the law so that it did require that someone in fact try to obtain something of value.
-- while making these statements.
There's been a member of congress who have indicated that they are on the front -- through the law as quickly as possible like I just -- so.
I'm with you though and that I think I'm I'm as much of the -- as -- can be realistically -- the First Amendment.
And it worries me that -- you start criminalizing this where does an -- as we get into a slippery slope situation.
Where you could just be you know be arrested for lying to somebody about something inconsequential.
Well that's right and and that and that's what of the -- -- -- well that we are up again I mean if congress can -- content -- -- a lot about.
This particular thing that it -- like then.
It could pass all sorts of laws back about -- on one.
Lying about an extramarital affair or reply about you don't fit a profile on FaceBook woman -- -- are so we're we're both -- -- I thank you very much counts of redundant I finally case fast and congratulations on your.
The Supreme Court victory in his first time you've -- argued before the court.
It was important must have been -- Clinton experience and and it certainly -- and they were pretty -- -- thank you for being with us and answer thanks for your time.
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