free speech

United States v. Alvarez (11-210)

in

Oral argument: Feb. 22, 2012

Appealed from: United States Court of Appeals for the Ninth Circuit (Aug. 17, 2010)

Respondent Xavier Alvarez, an elected member of the Three Valleys Water District, lied about receiving a Congressional Medal of Honor during a board meeting. His lie violated the Stolen Valor Act, which Congress enacted to preserve the value of military awards, and he was criminally convicted and sentenced to probation. Alvarez challenged the facial constitutionality of the Act under the First Amendment, and prevailed on appeal. The United States argues that a “breathing space” test should apply because the Act only limits knowingly false factual statements, and that under this test the Act does not violate the First Amendment. Alvarez counters that strict scrutiny should apply because the Act imposes a content-based restriction, and under strict scrutiny, the Act is an unconstitutional restriction of free speech. The ruling in this case may affect the value of military awards, as well as the legal treatment of other false representations.

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United States v. Stevens (08-769)

in

Oral argument: October 6, 2009

Appealed from: United States Court of Appeals for the Third Circuit (July 18, 2008)

DOG FIGHTING, ANIMAL CRUELTY, PIT BULLS, FIRST AMENDMENT, FREE SPEECH, CRUSH VIDEOS

The United States prosecuted Robert J. Stevens (“Stevens”) for violating 18 U.S.C. § 48, which states: “Whoever knowingly creates, sells, or possesses a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial gain, shall be fined under this title or imprisoned not more than 5 years, or both.” Stevens was prosecuted for selling videos depicting dog fights. Stevens claimed that § 48 violates his First Amendment right to free speech and is therefore unconstitutional. The Third Circuit held that § 48 reached a form of protected speech and that the government’s interest in preventing animal cruelty is not a sufficiently compelling interest to justify a ban on depictions of animal cruelty. How the Supreme Court decides this case will reflect its view on the scope of the First Amendment right to speech and affect the power of Congress to identify new areas of unprotected speech.