Free speech and military medals
United States v. Alvarez
In brief
The Supreme Court upheld the Ninth Circuit's ruling in Alvarez's case.
- Where it stands
- Decided
Decided 6-3 · June 28, 2012 · Opinion by Justice Kennedy
- What it’s about
- Xavier Alvarez challenged a federal law that made it a crime to falsely claim he had received a military medal. The Supreme Court agreed with the Ninth Circuit and left its ruling in place (affirmed it).
- Who it affects
- The Ninth Circuit's ruling remains in place in Alvarez's case.
Summary: written with AI from the case record.
What it's about
The Stolen Valor Act made it a crime to falsely claim receipt of a military medal.
Question presented
Does 18 U.S.C. 704(b), the Stolen Valor Act, violate the Free Speech Clause of the First Amendment?
What the Court decided
Holding
Adjudged to be affirmed. Kennedy, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Ginsburg and Sotomayor, JJ., joined. Breyer, J., filed an opinion concurring in the judgment, in which Kagan, J., joined. Alito, J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined.
- Result
- Affirmed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 1agreed with the result, wrote separately
- Breyer
What's next
The Supreme Court has finished reviewing the case; its decision leaves the Ninth Circuit's ruling in place.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Impact Analysis
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Opinion Summary
Show 5 moreShow fewer
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Alvarez
Opinion added: Alvarez
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.