Legal Opinion
United States v. Alvarez
Court of Appeals for the Ninth Circuit
Decided August 17, 2010No. 08-50345PublishedCited by 36 opinions
1Opinion of the Court
Opinion by Judge MILAN D. SMITH, JR.; Dissent by Judge BYBEE.
M. SMITH, Circuit Judge:
Defendant-Appellant Xavier Alvarez conditionally pleaded guilty to one count of falsely verbally claiming to have received the Congressional Medal of Honor, in violation of the Stolen Valor Act (the Act), 18 U.S.C. § 704(b), (c),1 reserving his right to appeal the Act’s constitutionality.
*1200The Act, as presently drafted, applies to pure speech; it imposes a criminal penalty of np to a year of imprisonment, plus a fíne, for the mere utterance or writing of what is, or may be perceived as, a false statement of…
2Cases cited39 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
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
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3Cited by36 opinions
- United States v. AlvarezSupreme Court of the United States · 2012
- 281 Care Committee v. ArnesonCourt of Appeals for the Eighth Circuit · 2011
- Ariix, LLC v. Nutrisearch CorporationCourt of Appeals for the Ninth Circuit · 2021
- Reynaldo Gonzalez v. Google LLCCourt of Appeals for the Ninth Circuit · 2021
- Haley v. StateSupreme Court of Georgia · 2011
31 more not listed; retrieve them via the Exa API.