Memo of Law Essay

565 WordsApr 9, 20133 Pages
Dontae caine Lgs 3:30-4:45 4/6/2013 MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISSON GROUNDS THAT THE STOLEN VALOR ACT IS UNCONSTITUTIONAL To: Law partner to the current state of the law From: Dontae Reshard Caine Re: Stolen Valor Act as Unconstitutional Issue: Does the First Amendment protects false statements of fact – made without any apparent intent to defraud or gain anything? If so, what level of protection do they deserve. Six Justices agreed that some protection was warranted, but disagreed as to the amount, and three Justices believe that the First Amendment does not protect such lies at all. Background: The defendant has been charged by criminal complaint with one count of violation of 18U.S.C. § 704, popularly known as the Stolen Valor Act of 2005. The statute consists of two parts. Sec. 704(a) prohibits the wearing or purchase of military service medals, unless thewearing or purchase of the medals has been authorized by the armed forces. That section of thestatute, in substantially the same form, has been around since at least 1923. The Stolen Valor Act, 18 U.S.C. § 704, makes it a federal crime to lie about having received a military decoration or medal, punishable by up to a year in prison if the offense involved the military’s highest honors. In this case Xavier Alvarez, recently elected to the Board of Directors of the Three Valley Water District in southern California, announced to his colleagues – for no apparent reason – that he had been awarded the Congressional Medal of Honor and that he had been wounded during active duty as a United States Marine. In reality, Alvarez had never even served in the military. He was prosecuted and pled guilty to one count of violating the Stolen Valor Act, but reserved his right to challenge the constitutionality of the statute. Case Law:

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