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January 30, 2012

more on the Stolen Valor Act

While the Supreme Court is reviewing the Alvarez case from the Ninth Circuit, the Tenth Circuit (featuring a very good majority opinion by Judge Tymkovich) has upheld the constitutionality ofthe Stolen Valor Act. Here. Although Judge Holmes's dissenting opinion does not reach the same heights (or lows) as Judge Kozinski's paean to falsehood, I am still troubled by phrases such as this one--"little white lies (even those knowingly told and designed to deceive) that season are speech, like beneficent salt, ... preserve the grace and dignity of human relationships."

Richard M.    

Posted by Richard Myers on January 30, 2012 at 01:10 PM in Myers, Richard | Permalink

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