Legal Opinion
United States v. Strandlof
Court of Appeals for the Tenth Circuit
Decided January 27, 2012No. 10-1358PublishedCited by 5 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
Appellant Rick Strandlof was charged under the Stolen Valor Act, 18 U.S.C. § 704(b), which makes it illegal to falsely claim to have received a military award or honor. We must decide whether the Act is constitutional. Answering this question requires us to determine whether, and to what extent, the First Amendment prohibits Congress from punishing knowingly false statements of fact.
Reasoning that false statements are generally protected by the First Amendment, the district court declared the Stolen Valor Act unconstitutional and dismissed the charges against…
2Cases cited63 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Morissette v. United StatesSupreme Court of the United States · 1952
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- Keeton v. Hustler Magazine, Inc.Supreme Court of the United States · 1984
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3Cited by5 opinions
- United States v. AlvarezSupreme Court of the United States · 2012
- City of Albuquerque v. Pangaea Cinema LLCNew Mexico Court of Appeals · 2012
- United States v. AlvarezSupreme Court of the United States · 2012
- United States v. TomaDistrict Court, D. Kansas · 2012
- City of Albuquerque v. Pangaea Cinema, LLCNew Mexico Court of Appeals · 2012