Portal de Periódicos da CAPES

Advanced Constitutional Law: Free Speech

2024; RELX Group (Netherlands); Linguagem: Inglês

10.2139/ssrn.4731623

1556-5068

Richard S. Dunn,

Hate Speech and Cyberbullying Detection

The Stolen Valor Act of 2005, written into law in 2006, codified false representation of military honors as a federal misdemeanor, punishable by a fine or imprisonment. In the United States v. Alvarez opinion, the Supreme Court declared this Act unconstitutional under the First Amendment. However, due to the lack of societal value of this type of speech, the Court should have elected to create a new category of unprotected speech; false representation of military honors. If the Court decided not to do this, the Stolen Valor Act of 2005 should have survived strict scrutiny, or intermediate scrutiny, due to the compelling governmental interest in honoring the integrity of the U.S. military and the narrow tailoring of the act.