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Constitutional Law

Dec. 15, 2011

The Stolen Valor Act: Is policing honesty the best policy?

Do you have a First Amendment right to tell lies about yourself?

Andrew J. Thomas

Partner, Jenner & Block LLP

Phone: (213) 239-5100

Email: ajthomas@jenner.com

Harvard Univ Law School; Cambridge MA

Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.

CONTENT MATTERS

Do you have a First Amendment right to tell lies about yourself? Should you have that right? Should the government be able to criminalize statements made in the heat of political debate - about a candidate's qualifications, a rival's voting record, the effect of a tax plan, global warming - on the ground that they are false?

The U.S. Supreme Court will confront such questions this term in a case that arose in the 9th U....

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