"I am a retired Marine for the last 25 years," he told the other members of the Government of Pomona, Calif., "I retired in 2001. In 1987, I was awarded the Congressional Medal of Honor. The number of times that the same guy was haavoittaneet. I am still around. "
To achieve the greatest possible social circumstances such statements may be removed from the nods, admiring smiles and perhaps the heart-felt thanks to his brave service of the nation.
But Mr. Alvarez is never acted in the United States army had ever been was wounded and the most important-had been granted to ever Medal of Honor.
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When FALSE, the application had to be exposed in the course of the investigation the Bureau showed. The charges of allegedly stolen Valor Alvarez soon breach the Act of 2005, which makes it easier for the federal crime require the false witness has been awarded the military medal.
His lawyer was the first part of the amendment, arguing that the Americans have the right to free speech as a serious indictment of false and outrageous claims about themselves without facing criminal syytteeseenasettamista the Government's truth-team.
The federal judge to accept the award, but the US appeals court panel reversed.
On Wednesday, Alvarez in the case, if the justices arrive at curiae has been asked to decide whether the stolen Valor Act of the Constitutional Court, subject to the approval of the regulation of free speech or the fishing effort of the Government to punish the alleged liar.
The High court never directly to the information about the military awards and has worked on the top it is not clear how the justices may decide it.
The Supreme Court is in the recognized throughout the first part of the amendment, the President of the categories themselves unworthy of protection. In the obscenity, libel, and defamation, incitement to imminent and fraud. On the basis of the concrete in the field, the Chairman of the cause of the injury.
Critics, the stolen Valor Act say it requires on the basis of the injury. The date of receipt of the request, the winner of the false statement offense. These critics Suggest such false statements, the best compensation does not constitute criminal punishment, but More speech, in particular, the truthful speech of the lie for the software.
The Obama administration has taken the Court to keep a kind of FALSE as Discrete speech that significant constitutional value is not a valid option.
Alvarez, counters that the Court has never before been such false statements are themselves unworthy of the protection of the Constitution. His lawyer says the Government's position with regard to the means of free speech principles, which may result in sanctions against those who exaggerate the, use the Hype, or to carry out the satire was a radical departure.
"Good or bad, right or wrong, all of the power. Xavier Alvarez is no exception. He told whoppers, "wrote Walter Alvarez, Deputy Federal Public Defender, lawyer, Jonathan Libby in his brief to the Court of justice.
"The Exaggerated anecdotes, barroom braggadocio and cocktail party always believed the Government's reach is the puffery in the realm, and to communicate without fear of punishment in criminal law," Mr. Libby said.
Disagree with the United States Solicitor General from Office, arguing that the stolen Valor Act is targeted to the important government objective and that it is strictly necessary in order to achieve this objective.
"In the service of the Government of the military honors to pass to the message, select the recipient of the group as part of the Government," Solicitor General Donald Verrilli wrote in his brief to the Court of justice. "The total effect of invalidating this … by diluting the medals of the prestige and honor of the message."
The law aims to punish only those who make the committed deliberately false claim to be awarded the Medal, Mr. Verrilli said. The person is not likely to require the use of confusion or mistake, he said.
"False statements of fact is based on the contents of the first part of the amendment, provided that they support the strong interest and provide adequate space for the ' remain ' fully protected speech," Verrilli said: short.
Alvarez's lawyer, Mr. Libby granted in a transparent manner, he was a liar. But she says Alvarez was pilloried for his community, "idiot" and "jerk" after his false statements would be.
Libby says the Americans lie social situations, and that if he loses the case, the Government may soon to examine the broader facetious accounts.
"Xavier Alvarez lied. He lied when he claimed to have had professional hockey Detroit Red Wings. He lied when he said that he is married to Mexican starlet of the public caused by the appearance of the paparazzi swoon. He lied when he claimed that the engineer. "He lied when he claimed to have rescued the American Ambassador, during the Iran hostage crisis, and when he said that he has shot, grab the American flag goes back to," Libby said in his brief.
What is the damage, Libby invited her in. There is no evidence that anyone rely on Alvarez's the hockey or heroics.
"The Government's interest in protecting the reputation of the military medals, a legitimate, but not mandatory," Libby said. "False reputation is as a medal winners".
"The Government is seeking to create a new test to that Court precedents, from completely unmoored" Libby said.
"The Falsehoods is a valuable, for a myriad of reasons: indicate the fundamental aspect of truth, and of social interaction in the wheel finishing" Libby said. "More than there are harmless and, in General, considered to be beyond the control of the Government of the puffery prattle."
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