If Stealing Valor Is Constitutional, When Is It a Crime to Lie?

[WSJ Law Blog]

The Supreme Court recognized the depravity of lying about being a war hero but said that such falsities, regardless of their morality, are protected as free speech.



The court recognized the depravity of lying about being a war hero but said that such falsities, regardless of their morality, are protected as free speech.

The opinion did describe three instances where restrictions on lying are considered constitutional.

1. Lying to government officials in communications about official matters.

While lying in this instance is criminally prohibited, the opinion asserted that this cannot be expanded to criminally prohibit ALL false statements.

2. Perjury in a judicial proceeding.

False statements made under the oath during a judicial proceeding do not receive First Amendment protection because perjury undermines the law and “threatens the integrity of judgments.”

3. Falsely pretending to speak on behalf of the government or impersonating a government officer.

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