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A constitutional right to lie?


Posted: 8/18/15

First posted: 2010-08-22 19:44:21

I was reading this interesting commentary from Rasmussen Reports about a decision from the Ninth Circuit during the week of August 20, 2010 where a 3 judge panel ruled a law against lying about time served in the armed forces was unconstitutional.  The reasoning was that despite the popularity of the law what was created was in fact thought police:

"then there would be no constitutional bar to criminalizing lying about one's height, weight, age or financial status on Match.com or Facebook, or falsely representing to one's mother that one does not smoke, drink alcoholic beverages, is a virgin, or has not exceeded the speed limit while driving on the freeway. The sad fact is, most people lie about some aspects of their lives from time to time."  Ruling Opinion: Smith, Ninth Circuit, "United States v. Alvarez"

"I can see no value in false, self–aggrandizing statements by public servants ... If the Stolen Valor Act 'chills' false autobiographical claims by public officials such as Alvarez, our public discourse will not be the worse for the loss."  Dissenting: Bybee, Ninth Circuit, "United States v. Alvarez"

I must agree with the Rasmussen commentator that the Ninth Circuit did in fact create a First Amendment right for lying.  A friend of mine recently commented that perjury could now be ruled a legal right as well.

This is not a good ruling by the Ninth Circuit.  ADF ref

Update 1/27/12: Apparently the 10th Circuit does not agree with the 9th Circuit and on 1/2/12 ruled differently.  Cited was a short list that the U.S. Supreme Court has said is not a free speech right: obscenity, defamation, fraud, incitement, speech integral to criminal conduct, and child pornography ref.

The last item on their list, child pornography, I would categorize as criminal or obscenity as opposed to a separate category and is in my opinion redundant.

Update 6/28/12: U.S. Supreme Court rules in United States v. Alvarez that there is a constitutional right to lie. pdf

Last Updated: 8/20/15

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