{"id":28858,"date":"2012-02-23T13:44:08","date_gmt":"2012-02-23T17:44:08","guid":{"rendered":"http:\/\/valorguardians.com\/blog\/?p=28858"},"modified":"2012-02-23T13:44:08","modified_gmt":"2012-02-23T17:44:08","slug":"one-last-stolen-valor-post-today","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=28858","title":{"rendered":"One last Stolen Valor post today"},"content":{"rendered":"

TSO called just as I was leaving to get my 2 MacDonald’s fish sandwiches for $3 (cuz I’m hungry, but I’m cheap), and he told me I should read the New York Times<\/a> report on the Supreme Court business yesterday, so I did, cuz I always do everything TSO tells me. The Times, which by the way, filed an amicus brief on Alvarez’ behalf, seems to think that the Court will uphold the Act and Alvarez’ punishment;<\/p>\n

[Alvarez’] case ran into trouble at the Supreme Court as it emerged that many justices accepted two fundamental propositions. First, most of the justices seemed to accept that the First Amendment does not protect calculated falsehoods that cause at least some kinds of harm. Second, there seemed to be something like a consensus that the government has a substantial interest in protecting the integrity of its system for honoring military distinction.<\/p>\n

To arrive at those two propositions, the justices worked through any number of hypothetical questions and worried about the collateral damages to free speech values that a ruling upholding the law might generate. <\/p><\/blockquote>\n

They also recounted two admissions by Alvarez’ attorney that may have flipped the case in our favor. When asked by Kagan what free speech will be chilled by the SVA, Libby responded;<\/p>\n

Mr. Libby\u2019s response seemed to surprise Justice Kagan. \u201cIt\u2019s not that it may necessarily chill any truthful speech,\u201d he said. \u201cWe certainly concede that one typically knows whether or not one has won a medal or not.\u201d<\/p>\n

Justice Kagan considered what she had just heard. \u201cSo, boy, I mean, that\u2019s a big concession, Mr. Libby,\u201d she said.<\/p>\n

Mr. Libby also acknowledged that the government may punish false speech that is intended to obtain something of value. Chief Justice Roberts asked whether Mr. Alvarez, who was politically active, benefited from his lie. Mr. Libby said that was possible.<\/p>\n

The chief justice said this, too, was \u201can awfully big concession.\u201d <\/p><\/blockquote>\n

The Times concludes;<\/p>\n

There was universal agreement on one point at Wednesday\u2019s argument. No one spoke up for Mr. Alvarez, including his lawyer.<\/p>\n

\u201cCertainly, people are entitled to be upset by these false claims,\u201d Mr. Libby said. \u201cI mean, I\u2019m personally upset by these false claims.\u201d <\/p><\/blockquote>\n

Yeah, you’re pretty much screwed if your lawyer thinks you’re a jerkweed.<\/p>\n","protected":false},"excerpt":{"rendered":"

TSO called just as I was leaving to get my 2 MacDonald’s fish sandwiches for $3 … One last Stolen Valor post today<\/span>Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15,30],"tags":[],"class_list":["post-28858","post","type-post","status-publish","format-standard","hentry","category-legal","category-phony-soldiers"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/28858","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=28858"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/28858\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28858"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28858"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28858"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}