In case you missed it during the Obamacare madness, the Supreme Court also issued a super interesting First Amendment ruling today: It upheld the right to lie.In a 6-3 ruling, the Supreme Court struck down the Stolen Valor Act, which made it illegal for individuals to lie about military service medals they’d received.
Writing for the majority, Justice Kennedy cited the bedrock decision protecting newspapers, New York Times v. Sullivan, in arguing that lies are protected speech.
“The Act seeks to control and suppress all false statements on this one subject in almost limitless times and settings without regard to whether the lie was made for the purpose of material gain. Permitting the Government to decree this speech to be a criminal offence would endorse government authority to compile a list of subjects about which false statements are punishable. That governmental power has no clear limiting principle.”
The Valor Act constituted a punitively burdensome penalty on speech, he said.
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