alvarez argued february decided june stolen valor act makes crime falsely claim receipt military decorations medals provides enhanced penalty congressional medal honor involved respondent pleaded guilty charge falsely claiming received medal honor reserved right appeal claim act unconstitutional ninth circuit reversed finding act invalid first amendment held judgment affirmed pp affirmed justice kennedy joined chief justice justice ginsburg justice sotomayor concluded act infringes upon speech protected first amendment pp constitution demands restrictions speech presumed invalid government bear burden showing constitutionality ashcroft american civil liberties union restrictions speech permitted historic categories speech including incitement obscenity defamation speech integral criminal conduct fighting words child pornography fraud true threats speech presenting grave imminent threat government power prevent absent categories general exception false statements government argues cases hustler magazine falwell support claim false statements value hence first amendment protection government quotations derive cases discussing defamation fraud legally cognizable harm associated false statement decisions falsity speech issue irrelevant analysis neither determinative prior decisions confronted measure like stolen valor act targets falsity nothing even considering instances defamation fraud instructed falsity alone may suffice bring speech outside first amendment statement must knowing reckless falsehood see new york times sullivan government seeks convert rule limits liability even defamation cases law permits recovery tortious wrongs rule expands liability different far greater realm discourse expression government three examples regulation courts generally found permissible establish principle proscriptions false statements exempt rigorous first amendment scrutiny criminal prohibition false statement made government officials communications concerning official matters lead broader proposition false statements unprotected made person time context perjury statutes perjured statements lack first amendment protection simply false perjury undermines function province law threatens integrity judgments finally statutes prohibit falsely representing one speaking behalf government prohibit impersonating government officer examples extent implicate fraud speech integral criminal conduct inapplicable may exist categories speech historically unprotected yet specifically identified discussed stevens government demonstrated false statements constitute new category pp act seeks control suppress false statements one subject almost limitless times settings without regard whether lie made purpose material gain permitting government decree speech criminal offense endorse government authority compile list subjects false statements punishable governmental power clear limiting principle pp applies exacting scrutiny assessing restrictions protected speech turner broadcasting system fcc act satisfy scrutiny government interest protecting integrity medal honor beyond question first amendment requires direct causal link restriction imposed injury prevented link shown government points evidence supporting claim public general perception military awards diluted false claims made respondent shown show counterspeech ridicule respondent received online press suffice achieve interest addition government seeks regulate protected speech restriction must least restrictive means among available effective alternatives ashcroft government likely protect integrity military awards system creating database medal winners accessible searchable internet private individuals already done pp justice breyer joined justice kagan concluded stolen valor act presently drafted works disproportionate constitutional harm fails intermediate scrutiny thus violates first amendment pp determining whether statute violates first amendment often found appropriate examine fit statutory ends means taking account seriousness harm provision likely cause nature importance provision countervailing objectives extent statute tend achieve objectives whether less restrictive alternatives intermediate scrutiny describes approach since false factual statements less likely true factual statements make valuable contribution marketplace ideas government often good reason prohibit false speech regulation threaten harm approach applied pp act read criminalizing false factual statements made knowledge falsity intent taken true although frequently said implied false factual statements enjoy little first amendment protection see gertz robert welch statements read mean protection false factual statements serve useful human objectives many contexts moreover threat criminal prosecution making false statement inhibit speaker making true statements thereby chilling kind speech lies first amendment heart see pervasiveness false factual statements provides weapon government broadly empowered prosecute falsity without unpopular may fear government use weapon selectively although many statutes doctrines making utterance certain kinds false statements unlawful tend narrower act limit scope application various ways example requiring proof specific harm identifiable victims act lacks limiting features although prohibits knowing intentional falsehoods readily verifiable facts within personal knowledge speaker otherwise ranges broadly breadth means creates significant risk first amendment harm pp act nonetheless substantial justification seeks protect interests sacrificed health life country seeking preserve intact country recognition sacrifice form military honors may however possible substantially achieve government objective less burdensome ways first amendment risks flowing act breadth coverage diminished eliminated finely tailored statute example statute requires showing false statement caused specific harm focused lies likely harmful contexts lies likely cause harm pp kennedy announced judgment delivered opinion roberts ginsburg sotomayor joined breyer filed opinion concurring judgment kagan joined alito filed dissenting opinion scalia thomas joined opinion kennedy notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press petitioner xavier alvarez writ certiorari appeals ninth circuit june justice kennedy announced judgment delivered opinion chief justice justice ginsburg justice sotomayor join lying habit xavier alvarez respondent lied said played hockey detroit red wings married starlet mexico lied announcing held medal honor respondent ventured onto new ground lie violates federal criminal statute stolen valor act respondent attended first public meeting board member three valley water district board board governmental entity headquarters claremont california introduced follows retired marine years retired year back awarded congressional medal honor got wounded many times guy none true record shows respondent statements pathetic attempt gain respect eluded statements seem made secure employment financial benefits admission privileges reserved earned medal respondent indicted stolen valor act lying congressional medal honor meeting district central district california rejected claim statute invalid first amendment respondent pleaded guilty one count reserving right appeal first amendment claim appeals ninth circuit decision divided panel found act invalid first amendment reversed conviction opinions issue dissent seven judges rehearing en banc denied granted certiorari certiorari granted unrelated case appeals tenth circuit also decision divided panel found act constitutional strandlof conflict courts appeals question act validity second case two terms requiring consider speech disparage attempt steal honor belongs fought nation battle see snyder phelps hateful protests directed funeral serviceman died iraq statement speaker held medal intended undoubted lie right proper congress century ago established award nation hold highest respect esteem course carrying noble duty contributing defense rights honor nation selective draft law cases acted extraordinary honor uncontested legitimate government objective indeed valued national aspiration purpose end inquiry however fundamental constitutional principles require laws enacted honor brave must consistent precepts constitution fought government contends criminal prohibition proper means purpose creating awarding medal speech regulation question however exacting scrutiny required statutes suppressing restricting speech must judged sometimes inconvenient principles first amendment measure statutory provisions respondent convicted must held invalid conviction must set aside respondent claim hold congressional medal honor false room argue shades meaning premise respondent violated lie concerned congressional medal honor subject enhanced penalty subsection statutory provisions follows false claims receipt military decorations whoever falsely represents verbally writing awarded decoration medal authorized congress armed forces shall fined title imprisoned six months enhanced penalty offenses involving congressional medal decoration medal involved offense subsection congressional medal honor lieu punishment provided subsection offender shall fined title imprisoned year respondent challenges statute suppression pure speech speech falling within categories expression regulation permissible government defends statute necessary preserve integrity purpose medal integrity purpose contends compromised frustrated false statements statute prohibits argues false statements first amendment value thus protected extent needed avoid chilling fully protected speech brief statute covers respondent speech government argues leaves breathing room speech example speech might criticize idea medal importance military government arguments suffice save statute ii general matter first amendment means government power restrict expression message ideas subject matter content ashcroft american civil liberties union internal quotation marks omitted result constitution demands restrictions speech presumed invalid government bear burden showing constitutionality ashcroft american civil liberties union light substantial expansive threats free expression posed restrictions rejected startling dangerous test first amendment coverage based ad hoc balancing relative social costs benefits stevens slip instead restrictions speech permitted general matter confined traditional categories expression long familiar bar slip quoting simon schuster members state crime victims kennedy concurring judgment among categories advocacy intended likely incite imminent lawless action see brandenburg ohio per curiam obscenity see miller california defamation see new york times sullivan providing substantial protection speech public figures gertz robert welch imposing limits liability defaming private figure speech integral criminal conduct see giboney empire storage ice fighting words see chaplinsky new hampshire child pornography see new york ferber fraud see virginia bd pharmacy virginia citizens consumer council true threats see watts per curiam speech presenting grave imminent threat government power prevent see near minnesota ex rel olson although restriction last category difficult sustain see new york times per curiam categories historical foundation free speech tradition vast realm free speech thought always protected tradition still thrive even furthered adherence categories rules absent categories law allows regulation speech general exception first amendment false statements comports common understanding false statements inevitable open vigorous expression views public private expression first amendment seeks guarantee see sullivan supra th erroneous statement inevitable free debate government disagrees proposition cites language precedents support contention false statements value hence first amendment protection see also brief eugene volokh et al amici curiae isolated statements earlier decisions support government submission false statements general rule beyond constitutional protection conclusion take quoted language far proper context instance stated alse statements fact particularly valueless interfere function marketplace ideas hustler magazine falwell false statements protected first amendment manner truthful statements brown hartlage see also virginia bd pharmacy supra untruthful speech commercial otherwise never protected sake herbert lando spreading false information carries first amendment credentials gertz supra constitutional value false statements fact garrison louisiana knowingly false statement false statement made reckless disregard truth enjoy constitutional protection quotations derive cases discussing fraud legally cognizable harm associated false statement invasion privacy costs vexatious litigation see brief decisions falsity speech issue irrelevant analysis neither determinative never endorsed categorical rule government advances false statements receive first amendment protection prior decisions confronted measure like stolen valor act targets falsity nothing even considering instances defamation fraud moreover careful instruct falsity alone may suffice bring speech outside first amendment statement must knowing reckless falsehood see sullivan supra prohibiting recovery damages defamatory falsehood made public official unless statement made knowledge false reckless disregard whether false see also garrison supra ven utterance false great principles constitution secure freedom expression preclude attaching adverse consequences except knowing reckless falsehood illinois ex rel madigan telemarketing associates false statement alone subject fundraiser fraud liability government thus seeks use principle new purpose seeks convert rule limits liability even defamation cases law permits recovery tortious wrongs rule expands liability different far greater realm discourse expression inverts rationale exception requirements knowing falsehood reckless disregard truth condition recovery certain defamation cases exists allow speech less rule designed tolerate certain speech blossom become rationale rule restricting government gives three examples regulations false speech courts generally found first criminal prohibition false statement made government official second laws punishing perjury third false representation one speaking government official behalf government see restrictions however establish principle proscriptions false statements exempt exacting first amendment scrutiny federal statute prohibiting false statements government officials punishes whoever matter within jurisdiction executive legislative judicial branch government makes false fictitious fraudulent statement section prohibition false statements made government officials communications concerning official matters lead broader proposition false statements unprotected made person time context point made confirmed unquestioned constitutionality perjury statutes federal statute equivalents grayson see also konigsberg state bar simply perjured statements false lack first amendment protection perjured testimony war justice cause render judgment resting truth michael perjury undermines function province law threatens integrity judgments basis legal system see dunnigan uphold integrity trial system constitutionality perjury statutes unquestioned unlike speech contexts oath formality gravity necessary remind witness statements basis official governmental action action often affects rights liberties others sworn testimony quite distinct lies spoken oath intended puff oneself statutes prohibit falsely representing one speaking behalf government prohibit government officer also protect integrity government processes quite apart merely restricting false speech title prohibits impersonating officer employee even statute may require proving actual financial property loss resulting deception statute confined maintain ing general good repute dignity government service lepowitch internal quotation marks omitted said prohibitions unauthorized use names federal agencies federal bureau investigation manner calculated convey communication approved see using words federal collection private debts order convey communication official authorization see examples extent implicate fraud speech integral criminal conduct inapplicable law tradition show instances falsity speech bears upon whether protected false speech may prohibited even analogous true speech opinion imply targeted prohibitions somehow vulnerable also rejects notion false speech general category presumptively unprotected although first amendment stands freewheeling authority declare new categories speech outside scope first amendment stevens slip acknowledged perhaps exist categories speech historically unprotected yet specifically identified discussed case law ibid exempting category speech normal prohibition however must presented evidence novel restriction content part long heretofore unrecognized tradition proscription brown entertainment merchants slip government demonstrated false statements generally constitute new category unprotected speech basis iii probable adverse effect act freedom expression illustrates fundamental way reasons law distrust speech prohibitions act plain terms applies false statement made time place person assumed apply say theatrical performance see milkovich lorain journal recognizing statements nominally purporting contain false facts reality reasonably interpreted stating actual facts individual internal quotation marks brackets omitted still sweeping quite unprecedented reach statute puts conflict first amendment lie made public meeting statute apply equal force personal whispered conversations within home statute seeks control suppress false statements one subject almost limitless times settings without regard whether lie made purpose material gain see san francisco arts athletics olympic prohibiting nonprofit corporation exploiting commercial magnetism word organizing athletic competition internal quotation marks omitted permitting government decree speech criminal offense whether shouted rooftops made barely audible whisper endorse government authority compile list subjects false statements punishable governmental power clear limiting principle constitutional tradition stands idea need oceania ministry truth see orwell nineteen centennial ed law sustained endless list subjects national government single false claims made effect fraud secure moneys valuable considerations say offers employment well established government may restrict speech without affronting first amendment see virginia bd pharmacy noting fraudulent speech generally falls outside protections first amendment stolen valor act limited reach hold interest truthful discourse alone sufficient sustain ban speech absent evidence speech used gain material advantage give government broad censorial power unprecedented cases constitutional tradition mere potential exercise power casts chill chill first amendment permit free speech thought discourse remain foundation freedom iv previous discussion suffices show act conflicts free speech principles even examined within narrow sphere operation act survive assessing restrictions protected speech adopted approach see stevens slip first amendment guarantee free speech extend categories speech survive ad hoc balancing relative social costs benefits rather applied exacting scrutiny turner broadcasting system fcc although objectives government seeks statute without significance must find act satisfy exacting scrutiny government correct military medals serve important public function recognizing expressing gratitude acts heroism sacrifice military service also morale mission accomplishment esprit de corps among service members brief general george washington observed award valor cherish virtuous ambition soldiers well foster encourage every species military merit general orders george washington issued newburgh hudson boynton ed time diminished idea periods war peace alike public recognition valor noble sacrifice men women uniform reinforces pride national resolve military relies upon fulfill mission interests related integrity military honors system general congressional medal honor particular although millions served brave resolve medal highest military award valor enemy force given times established medal reserved distinguished conspicuously gallantry intrepidity risk life beyond call duty army navy marine corps air force coast guard stories earned medal inspire fascinate dakota meyer drove five times midst taliban ambush save lives see curtis president obama awards medal honor dakota meyer white house blog internet materials visited june available clerk case file desmond doss served army medic okinawa june rescued fellow soldiers wounded gave place stretcher others taken safety see america heroes willbanks ed william carney sustained multiple gunshot wounds head chest legs arm yet carried flag ensure touch ground union army assault fort wagner july rare acts courage medal celebrates led president truman say rather medal round neck president truman gives army medal heroes washington post government interest protecting integrity medal honor beyond question recite government compelling interests end matter first amendment requires government chosen restriction speech issue actually necessary achieve interest merchants slip must direct causal link restriction imposed injury prevented see ibid link government interest protecting integrity military honors system act restriction false claims liars like respondent shown although appearing concede isolated misrepresentation tarnish meaning military honors government asserts common sense false representations tendency dilute value meaning military awards brief must acknowledged pretender claims medal lie might harm government demeaning high purpose award diminishing honor confirms creating appearance medal awarded often true furthermore lie may offend true holders medal one perspective bravery high principles falsehood puts unworthy company pretender yet interests satisfy government heavy burden seeks regulate protected speech see playboy entertainment group government points evidence support claim public general perception military awards diluted false claims made alvarez cf entertainment merchants supra slip analyzing rejecting findings research psychologists demonstrating causal link violent video games harmful effects children one government amici notes nothing charlatans xavier alvarez stain medal winners honor brief veterans foreign wars et al amici curiae general proposition sound even true holders medal might experience anger frustration lack causal link government stated interest act way act actually necessary achieve government stated interest government shown show counterspeech suffice achieve interest facts case indicate dynamics free speech counterspeech refutation overcome lie respondent lied public meeting even fbi began investigating false statements alvarez perceived phony lie made public ridiculed online see brief respondent actions reported press see ortega alvarez denies claim ontario ca inland valley daily bulletin fellow board member called resignation see bigham water district rep requests alvarez resign wake false medal claim san bernardino ca sun may good reason believe similar fate befall false claimants see brief reporters committee freedom press et al amici curiae listing numerous examples public exposure false claimants indeed outrage contempt expressed respondent lies serve reawaken reinforce public respect medal recipients high purpose acclaim recipients congressional medal honor receive also casts doubt proposition public misled claims charlatans become cynical whose heroic deeds earned medal right see well done washington post reporting roosevelt awarding congressional medal honor alexander vandegrift devroy medal honor given killed somalia washington post may reporting president clinton awarding congressional medal honor two special forces soldiers killed operations somalia remedy speech false speech true ordinary course free society response unreasoned rational uninformed enlightened lie simple truth see whitney california brandeis concurring time expose discussion falsehood fallacies avert evil processes education remedy speech enforced silence theory constitution best test truth power thought get accepted competition market abrams holmes dissenting first amendment ensures right respond speech like good reason freedom speech thought flows beneficence state inalienable rights person suppression speech government make exposure falsity difficult less society right civic duty engage open dynamic rational discourse ends well served government seeks orchestrate public discussion mandates expressing concern counterspeech insufficient government responds military records lost claims brief proves little however without verifiable records successful criminal prosecution act difficult event cases public refutation serve government interest act either addition government claims many false claims remain unchallenged government provides support contention event order show public refutation adequate alternative government must demonstrate unchallenged claims undermine public perception military integrity awards system showing made fair assumption true holders medal heard alvarez false claims fully vindicated community expression outrage showing nation high regard medal said government interest american people need assistance government prosecution express high regard special place military heroes hold weak society needs government protection intervention pursues resolve preserve truth truth needs neither handcuffs badge vindication addition government seeks regulate protected speech restriction must least restrictive means among available effective alternatives ashcroft however least one less means government likely protect integrity military awards system database list congressional medal honor winners database accessible internet easy verify expose false claims appears private individuals already created databases similar see brief respondent least one database past winners online fully searchable see congressional medal honor society full archive http solicitor general responds although congress department defense investigated feasibility establishing database government concluded database impracticable comprehensive brief without explanation difficult assess claim especially least one database congressional medal honor winners already exists government may responses criticisms clear showing necessity statute necessity required exacting scrutiny nation well knows one costs first amendment protects speech detest well speech embrace though might find respondent statements anything contemptible right make statements protected constitution guarantee freedom speech expression stolen valor act infringes upon speech protected first amendment judgment appeals affirmed ordered breyer concurring judgment petitioner xavier alvarez writ certiorari appeals ninth circuit june justice breyer justice kagan joins concurring judgment agree plurality stolen valor act violates first amendment rest conclusion upon strict categorical analysis ante rather base conclusion upon fact statute works first amendment harm government achieve legitimate objectives less restrictive ways determining whether statute violates first amendment often found appropriate examine fit statutory ends means examined harms justifications potential alternatives particular taken account seriousness harm provision likely cause nature importance provision countervailing objectives extent provision tend achieve objectives whether less restrictive ways ultimately determine whether statute works harm proportion justifications sometimes referred approach intermediate scrutiny sometimes proportionality review sometimes examination fit sometimes avoided application label see turner broadcasting system fcc intermediate scrutiny randall sorrell plurality opinion proportionality board trustees state univ fox requiring fit means ends proportion interest nterference speech must proportion substantial governmental interest served pickering board ed township high school dist regardless label approach necessary first amendment offer proper protection many instances statute adversely affects constitutionally protected interests warrants neither condemnation strict scrutiny implies approval implicit rational basis review see turner broadcasting system supra cable regulations central hudson gas elec public serv nonmisleading commercial speech burdick takushi election regulation pickering supra government employee speech application generally applicable laws expressive conduct used term proportionality describe approach thompson western medical center dissenting opinion see also bartnicki vopper concurring opinion nixon shrink missouri government pac concurring opinion case term intermediate scrutiny describes think dissent points broad areas attempt state penalize purportedly false speech present grave unacceptable danger suppressing truthful speech post laws restricting false statements philosophy religion history social sciences arts like raise concerns many contexts called strict scrutiny case involve law dangers suppressing valuable ideas lower regulations concern false statements easily verifiable facts concern subject matter false factual statements less likely true factual statements make valuable contribution marketplace ideas government often good reasons prohibit false speech see infra listing examples statutes doctrines regulating false factual speech regulation nonetheless threaten harms circumstances lead apply termed intermediate scrutiny ii stolen valor act makes crime falsely represen oneself awarded decoration medal authorized congress armed forces read statute favorably government criminalizing false factual statements made knowledge falsity intent taken true see staples courts construe statutes light background rules common law requirement mens rea crime firmly embedded cf new york times sullivan first amendment allows public official recover defamation upon showing interpreted statute covers lies although interpretation diminishes extent statute endangers first amendment values eliminate threat must concede government points frequently said implied false factual statements enjoy little first amendment protection see constr nlrb alse statements may unprotected sake hustler magazine falwell false statements fact particularly valueless gertz robert welch erroneous statement fact worthy constitutional protection judicial statements read mean protection false factual statements serve useful human objectives example social contexts may prevent embarrassment protect privacy shield person prejudice provide sick comfort preserve child innocence public contexts may stop panic otherwise preserve calm face danger even technical philosophical scientific contexts socrates methods suggest examination false statement even made deliberately mislead promote form thought ultimately helps realize truth see kozinski concurring denial rehearing en banc providing numerous examples bok lying moral choice public private life new york times supra even false statement may deemed make valuable contribution public debate since brings clearer perception livelier impression truth produced collision quoting mill liberty blackwell ed moreover often said threat criminal prosecution making false statement inhibit speaker making true statements thereby chilling kind speech lies first amendment heart see gertz supra hence emphasizes mens rea requirements provide breathing room valuable speech reducing honest speaker fear may accidentally incur liability speaking pervasiveness false statements made better worse motives made thoughtlessly deliberately made without accompanying harm provides weapon government broadly empowered prosecute falsity without unpopular may fear government use weapon selectively say prosecuting pacifist supports cause falsely claiming war hero ignoring members political groups might make similar false claims also must concede many statutes doctrines make utterance certain kinds false statements unlawful prohibitions however tend narrower statute us limit scope application sometimes requiring proof specific harm identifiable victims sometimes specifying lies made contexts tangible harm others especially likely occur sometimes limiting prohibited lies particularly likely produce harm fraud statutes example typically require proof misrepresentation material upon victim relied caused actual injury see restatement second torts defamation statutes focus upon statements kind harm reputation another deter third parties association dealing victim see torts involving intentional infliction emotional distress like torts involving placing victim false light concern falsehoods tend cause harm specific victim kind see perjury statutes prohibit particular set false statements made oath requiring showing materiality see statutes forbidding lying government official oath typically limited circumstances lie likely work particular specific harm interfering functioning government department statutes also require showing materiality see statutes prohibiting false claims terrorist attacks lies commission crimes catastrophes require proof substantial public harm directly foreseeable involve false statements likely bring harm see cfr requiring showing foreseeability actual substantial harm prohibiting knowing false statements claiming terrorist attacks taken taking take place statutes forbidding impersonation public official typically focus acts impersonation mere speech may require showing example someone deceived following course action pursued deceitful conduct lepowitch see liability attaches hoever falsely assumes pretends officer employee acting authority acts emphasis added statutes prohibiting trademark infringement present perhaps closest analogy present statute trademarks identify source good infringement causes harm causing confusion among potential customers source thereby diluting value mark owner consumers economy similarly false claim possession medal honor creates confusion entitled wear thus diluting value earned families country trademark statutes focused upon commercial promotional activities likely dilute value mark indeed typically require showing likely confusion showing tends assure feared harm fact take place see kp permanent lasting impression see also san francisco arts athletics olympic upholding statute giving olympic committee right prohibit certain commercial promotional uses word olympic list exhaustive sufficient show statutes simply prohibit without limitation telling lie even lie one particular matter instead virtually instances limitations context requirements proof injury like narrow statute subset lies specific harm likely occur limitations help make certain statute allow threat liability criminal punishment roam large discouraging forbidding telling lie contexts harm unlikely need prohibition small statute us lacks limiting features may construed prohibit knowing intentional acts deception readily verifiable facts within personal knowledge speaker thus reducing risk valuable speech chilled supra still ranges broadly breadth means creates significant risk first amendment harm written applies family social private contexts lies often cause little harm also applies political contexts although lies likely cause harm risk censorious selectivity prosecutors also high given potential haziness individual memory along large number military awards covered ranging medals rifle marksmanship congressional medal honor remains risk chilling completely eliminated mens rea requirements speaker might still worried prosecuted careless false statement even intent required render liable prohibition may applied applied example bar stool braggadocio political arena subtly selectively speakers government like considerations lead believe statute written risks significant first amendment harm like plurality dissent believe statute nonetheless substantial justification seeks protect interests sacrificed health life country statute serves interest seeking preserve intact country recognition sacrifice form military honors permit earned honors claim otherwise dilutes value awards indeed nation fully honor sacrificed much country honor unless claim received military awards tell truth thus statute risks harming protected interests order achieve substantial countervailing objective must therefore ask whether possible substantially achieve government objective less burdensome ways view answer question yes potential first amendment threats alleviated interpreting statute require knowledge falsity etc supra first amendment risks primarily risks flowing breadth coverage remain supra indicated limitations scope many kinds statutes regulating false factual speech supra possible significantly diminish eliminate remaining risks enacting similar finely tailored statute example military awards alike congress might determine warrant greater protection others finely tailored statute might kinds statutes prohibiting false factual statements done insist upon showing false statement caused specific harm least material focus coverage lies likely harmful contexts lies likely cause harm recognize contexts particularly political contexts narrowing always easy achieve political arena false statement likely make behavioral difference say leading listeners vote speaker time criminal prosecution particularly dangerous say radically changing potential election result consequently easily result censorship speakers ideas thus statute may significantly narrowed applications lower courts upheld constitutionality roughly comparable narrowly tailored statutes political contexts see stand america stand america new york upholding first amendment challenge application lanham act political organization treasure committee elect gerald lostracco fox app upholding first amendment statute prohibiting campaign material falsely claiming one incumbent without expressing view validity cases also note like plurality area accurate information normally counteract lie accurate publicly available register military awards easily obtainable political opponents may well adequately protect integrity award falsely claim earned see ante likely narrowly tailored statute combined devices effectively serve congress end government provided convincing explanation finely tailored statute work view statute significantly reduce threat first amendment harm permitting statute achieve important protective objective find statute presently drafted works disproportionate constitutional harm consequently fails intermediate scrutiny violates first amendment reasons concur judgment alito dissenting petitioner xavier alvarez writ certiorari appeals ninth circuit june justice alito justice scalia tice thomas join dissenting bravest brave awarded congressional medal honor today holds every american constitutional right claim received singular award strikes stolen valor act enacted stem epidemic false claims military decorations lies congress reasonably concluded undermining country system military honors inflicting real harm actual medal recipients families building earlier efforts protect military awards system congress responded problem crafting narrow statute presents threat freedom speech statute reaches knowingly false statements hard facts directly within speaker personal knowledge lies value proscribing chill valuable speech holding first amendment nevertheless shields lies breaks sharply long line cases recognizing right free speech protect false factual statements inflict real harm serve legitimate interest adhere principle thus uphold constitutionality valuable law stolen valor act makes misdemeanor falsely represen oneself awarded medal decoration badge service armed forces properly construed statute limited five significant respects first act applies narrow category false representations objective facts almost always proved disproved near certainty second act concerns facts squarely within speaker personal knowledge third government maintains see brief plurality see ante concurrence see ante breyer concurring judgment seemingly accept conviction act requires proof beyond reasonable doubt speaker actually knew representation fourth act applies statements reasonably interpreted communicating actual facts reach dramatic performances satire parody hyperbole finally act strictly viewpoint neutral false statements proscribed act highly unlikely tied particular political ideological message rare cases act applies equally false statements whether tend disparage commend government military system military honors stolen valor act follows long tradition efforts protect country system military honors george washington commander continental army created first honorary badges distinction service country military established rigorous system ensure awards received worn truly deserving see general orders george washington issued newburgh hudson boynton ed reprint requiring submission incontestible proof singularly meritorious action commander chief washington warned anyone insolence assume badge actually earned severely punished building tradition congress long ago made federal offense anyone wear manufacture sell certain military decorations without authorization see act ch stat codified amended although never opined constitutionality particular provision said makes crime wear military uniform without authorization valid statute face schacht congress passed stolen valor act response proliferation false claims concerning receipt military awards example single year virginia residents falsely claimed medal investigation people listed online edition received top military award revealed fully third claims library congress compiled oral histories veterans history project individuals identified medal honor recipients actually received true individuals claimed awarded distinguished service cross claimed navy notorious cases brought congress attention included case judge falsely claimed awarded two medals honor displayed counterfeit medals courtroom television network military consultant falsely claimed received silver star former judge advocate marine corps lied receiving bronze star purple congress recognized lies proscribed stolen valor act inflict substantial harm many instances harm tangible nature individuals often falsely represent award recipients order obtain financial material rewards lucrative contracts government investigation false claims single region example revealed men defrauded department veterans affairs million veteran cases harm less tangible nonetheless significant lies proscribed stolen valor act tend debase distinctive honor military awards see stolen valor act stat note following finding raudulent claims surrounding receipt military decorations medals damage reputation meaning decorations medals legitimate award recipients families expressed harm endure imposter takes credit heroic actions never performed one medal honor recipient described feeling face veterans paid price earned medals well recognized trademark law proliferation cheap imitations luxury goods blurs given purchasers originals landes posner trademark law economic perspective law econ much way proliferation false claims military awards blurs signal given actual awards making seem common really diluting effect harms military hampering efforts foster morale esprit de corps surely reasonable congress conclude goal preserving integrity country top military honors least worthy protecting prestige associated fancy watches designer handbags cf san francisco arts athletics olympic rejecting first amendment challenge law prohibiting certain unauthorized uses word olympic recognizing uses harm olympic committee lessening distinctiveness term plurality justice breyer argue congress preserved integrity military honors means criminal prohibition congress ample reason believe alternative approaches adequate chief alternative recommended compilation release comprehensive list database actual medal recipients public readily access resource argued imposters quickly easily exposed proliferation lies military honors come end remedy unfortunately work department defense explained create database recipients certain top military honors awarded since see office undersecretary defense report senate house armed services committees searchable military valor decorations database sufficiently comprehensive database practicable lies military awards remedied plurality calls counterspeech ante without requisite database many efforts refute false claims may thwarted legitimate award recipients may erroneously attacked addition steady stream stories media exposure imposters tend increase skepticism among members public entire awards system exacerbate harm stolen valor act meant prevent plurality concurrence also suggest congress protect system military honors enacting narrower statute plurality recommends law apply lies intended secure moneys valuable considerations ante similar vein concurrence comments finely tailored statute might insist upon showing false statement caused specific harm ante opinion breyer much damage caused real award recipients system military honors false statements linked financial tangible reward unless even small financial loss say dollar given homeless man falsely claiming decorated veteran important eyes first amendment damage caused integrity military awards system basis distinguishing stolen valor act alternative statutes plurality concurrence appear willing sustain justice breyer also proposes narrowing statute covers shorter list military awards ante opinion concurring judgment provide hint thinks line must drawn perhaps expects congress keep trying eventually passes law draws line right place ii time recognized general matter false factual statements possess intrinsic first amendment value see illinois ex rel madigan telemarketing associates like forms public deception fraudulent charitable solicitation unprotected speech constr nlrb alse statements may unprotected sake hustler magazine falwell false statements fact particularly valueless interfere function marketplace ideas cause damage individual reputation easily repaired counterspeech however persuasive effective keeton hustler magazine constitutional value false statements quoting gertz robert welch bill son restaurants nlrb alse statements immunized first amendment right freedom speech brown hartlage course demonstrable falsehoods protected first amendment manner truthful statements herbert lando spreading false information carries first amendment credentials virginia bd pharmacy virginia citizens consumer council untruthful speech commercial otherwise never protected sake gertz supra erroneous statement fact worthy constitutional protection time hill constitutional guarantees first amendment tolerate sanctions calculated falsehood without significant impairment essential function garrison louisiana knowingly false statement false statement made reckless disregard truth enjoy constitutional protection consistent recognition many kinds false factual statements long proscribed without ing constitutional problem stevens slip quoting chaplinsky new hampshire laws prohibiting fraud perjury defamation example existence first amendment adopted constitutionality beyond question see donaldson read magazine explaining government power protect people fraud always recognized country firmly established dunnigan observing constitutionality perjury statutes unquestioned beauharnais illinois noting prevention punishment libel never thought raise constitutional problem also described falling outside first amendment protective shield certain false factual statements neither illegal tortious time amendment adoption right freedom speech held permit recovery intentional infliction emotional distress means false statement see falwell supra even though tort enter law late century see keeton dobbs keeton owen prosser keeton law torts ed hereinafter prosser keeton hill supra concluded free speech right allows recovery even modern tort invasion privacy see prosser keeton line holdings long assumed first amendment offended prominent criminal statutes close analog well known probably makes crime knowingly willfully make materially false fictitious fraudulent statement representation matter within jurisdiction executive legislative judicial branch government unlike perjury limited statements made oath official government tribunal require showing pecuniary property loss government gilliland instead statute based need protect agencies perversion might result deceptive practices described ibid emphasis added still statutes make crime falsely represent one speaking behalf approval federal government see making crime falsely impersonate federal officer making crime knowingly use without authorization names enumerated federal agencies federal bureau investigation manner reasonably calculated convey impression communication approved authorized agency recognized like require showing pecuniary property loss purpose general good repute government service lepowitch quoting barnow told federal criminal statutes punish false statements made connection areas federal agency concern see wells nn stevens dissenting citing least federal false statement statutes code examples amply demonstrate false statements fact merit first amendment protection true justice breyer notes many society either approve condone certain discrete categories false statements including false statements made prevent harm innocent victims white lies see ante respondent false claim received medal honor fall categories lie prevent embarrassment protect privacy shield person prejudice provide sick comfort preserve child innocence ibid lie stop panic otherwise preserve calm face danger philosophical scientific debate ibid respondent claim like covered stolen valor act served valid purpose respondent others join attacking stolen valor act take different view respondent brief features veritable paean lying according respondent lie medal honor nothing ordinary americans everyone lies says brief respondent lie time ibid uman beings constantly forced choose persona present world choices nearly always involve intentional omissions misrepresentations outright deception academic amicus tells us first amendment protects right construct fabrications awarded military decoration brief jonathan varat amicus curiae radical interpretation first amendment supported precedent lies covered stolen valor act intrinsic value thus merit first amendment protection unless prohibition chill expression falls within amendment scope turn question repeatedly endorsed principle false statements fact merit first amendment protection sake recognized sometimes necessary exten measure strategic protection statements order ensure sufficient protected speech gertz quoting naacp button thus order prevent chilling truthful speech matters public concern held liability defamation public official figure requires proof defamatory statements made knowledge reckless disregard falsity see new york times sullivan civil liability garrison criminal liability requirement applies public officials figures seek recover tort intentional infliction emotional distress see falwell imposed xacting proof requirements contexts well necessary ensure truthful speech chilled madigan complainant fraud action must show defendant made knowingly false statement material fact intent mislead listener succeeded see also regulation baseless lawsuits limited objectively baseless subjectively motivated unlawful purpose hartlage sustaining first amendment challenge law prohibiting certain factual misstatements course political debate showing disputed statement made good faith without knowledge falsity reckless disregard whether false proof requirements inevitably effect bringing false factual statements within protection first amendment justified order prevent chilling valuable speech examples means exhaust circumstances false factual statements enjoy degree instrumental constitutional protection contrary broad areas attempt state penalize purportedly false speech present grave unacceptable danger suppressing truthful speech laws restricting false statements philosophy religion history social sciences arts matters public concern present threat point thing truth falsity areas truth always impossible ascertain rather perilous permit state arbiter truth even wide scholarly consensus concerning particular matter truth served allowing consensus challenged without fear reprisal today accepted wisdom sometimes turns mistaken contexts ven false statement may deemed make valuable contribution public debate since brings clearer perception livelier impression truth produced collision error sullivan supra quoting mill liberty mccallum ed allowing state proscribe false statements areas also opens door state use power political ends statements history illustrate point false statements historical events may banned certain must statement false ban may upheld make calculation cases prohibiting viewpoint discrimination fetter state power degree see paul explaining first amendment permit government engage viewpoint discrimination guise regulating unprotected speech potential abuse power areas simply great stark contrast hypothetical laws prohibiting false statements history science similar matters stolen valor act presents risk valuable speech suppressed speech punished act verifiably false entirely lacking intrinsic value also fails serve instrumental purpose first amendment might protect tellingly asked oral argument truthful speech stolen valor act might chill even respondent counsel conceded answer none tr oral arg neither two opinions endorsed justices majority claims false statements covered stolen valor act possess either intrinsic instrumental value instead opinions appear based distinct concern act suffers overbreadth see ante plurality opinion act applies personal whispered conversations within home ante breyer concurring judgment act applies family social private contexts political contexts strike statute basis overbroad necessary show statute overbreadth substantial absolute sense also relative plainly legitimate sweep williams see also ibid noting requirement vigorously enforced plurality concurrence even attempt make showing plurality additionally worries decision sustaining stolen valor act might prompt congress state legislatures enact laws criminalizing lies endless list subjects ante plurality apparently fears see laws making crime lie civilian awards college degrees certificates achievement arts sports concern likely unfounded good reason military honors traditionally regarded quite different civilian awards nearly century ago congress made crime wear military medal without authorization comparable tradition regarding things super bowl rings oscars phi beta kappa keys event plurality concern entirely fanciful falls outside purview first amendment problem plurality foresees legislative bodies enact unnecessary overly intrusive criminal laws applies regardless whether laws question involve speech nonexpressive conduct problem let us say law making criminal offense falsely claim high school valedictorian problem suppression speech misuse criminal law reserved conduct inflicts threatens truly serious societal harm objection hypothetical law objection law making crime eat potato chips graduation ceremony high school valedictorian recognized safeguard laws democracy first amendment every foolish law unconstitutional stolen valor act represents judgment people elected representatives false statements military awards different false statements civilian awards certainly true respect high honor respondent misappropriated respondent claimed awarded medal honor bravery iran hostage crisis singular award however bestowed members armed forces distinguis conspicuously gallantry intrepidity risk lives beyond call duty see also half heroic individuals awarded medal honor world war received congress entitled conclude falsely claiming medal honor qualitatively different even prestigious civilian awards misappropriation honor warrants criminal sanction stolen valor act narrow law enacted address important problem presents threat freedom expression sustain constitutionality act therefore respectfully dissent footnotes although act use term knowing knowingly explained criminal statutes must construed light background rules common law requirement mens rea crime firmly embedded staples act use phrase falsely represents moreover connotes knowledge requirement see black law dictionary ed defining misrepresentation false representation mean act making false misleading assertion something usu intent deceive emphasis added see black law dictionary supra defining representation mean presentation fact see also milkovich lorain journal explaining protected statements interpreted stating actual facts individual public debate suffer lack expression hyperbole traditionally added much discourse nation quoting hustler magazine falwell alteration original colimore pinning crime fake heroes agent helps expose convict bogus medals philadelphia inquirer http internet materials visited june available clerk case file crewdson claims medals amount stolen valor chicago tribune http half moh entries oral history project incorrect marine corps times wlnr ibid young honor get medal honor chicago tribune http rutenberg fox news colonel times apr http burkett whitley stolen valor vietnam generation robbed heroes history indeed first person prosecuted stolen valor act apparently parlayed medals lucrative security consulting contracts zambito war crime fbi targets fake heroes new york daily news may http dept justice northwest crackdown fake veterans operation stolen valor http cato high tussles false heroics free speech felony pittsburg tribune review http addition since department may disclose social security numbers birthdates recipients database limited use ascertaining veracity claim involving person common name office undersecretary defense report plurality rejects rule although made clear ntruthful speech never protected sake virginia bd pharmacy virginia citizens consumer council plurality willing concede falsity speech bears upon whether protected ante represents dramatic entirely unjustified departure sound approach taken past cases respondent supporting amici attempt limit rule certain subsets false statements see brief respondent asserting falsity proved cause specific harm stripped first amendment protection examples described belie attempt examples show rule least applies specific types false statements neither illegal tortious torts intentional infliction emotional distress invasion privacy exist first amendment adopted false speech cause pecuniary harm harm remedied torts defamation intentional infliction emotional distress invasion privacy often nonpecuniary nature harm inflicted statements illegal false speech cause detrimental reliance neither perjury laws many federal false statement statutes require anyone actually rely false statement particular false statements shown caused specific harm damages presumed defamation actions involving knowing reckless falsehoods showing specific harm required prosecutions many federal false statement statutes false speech cause harm specific individual purpose many federal false statement statutes protect government processes see army center military history medal honor statistics http