Legal Opinion · Dissent

United States v. Strandlof

Court of Appeals for the Tenth Circuit

Decided January 27, 2012No. 10-1358Published

1DissentHolmes, Circuit Judge

The Stolen Valor Act makes it a crime for a person to “falsely represent ] himself or herself, verbally or in writing, to have been awarded” any congressionally authorized military decoration or medal. 18 U.S.C. § 704(b). Offenders face up to six months in prison, a penalty that doubles to one year if the false representation concerns certain medals, including the Congressional Medal of Honor, the Silver Star, and the Purple Heart. See id. § 704(c), (d). On its face, the Act criminalizes the bare utterance of a false statement of fact. The majority holds that such statements— at least when…

2Cases cited87 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  4. United States v. O'BrienSupreme Court of the United States · 1968
  5. Ward v. Rock Against RacismSupreme Court of the United States · 1989

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