The Supreme Court on Thursday struck down
a federal law for which Pomona resident Xavier Alvarez was
arrested for lying about receiving the Medal of Honor.
Justices branded his false claim
contemptible but nonetheless determined the lies were protected by the First
Amendment.
The court voted 6-3 in favor of Alvarez, a
former Three Valleys Municipal Water District official who falsely said he was a
decorated war veteran.
He pleaded guilty to violating the 2006
law, known as the Stolen Valor Act, which is aimed at people making phony claims
of heroism in battle.
The ruling, written by Justice Anthony
Kennedy, ordered that the conviction be thrown out.
"Though few might find respondent's
statements anything but contemptible, his right to make those statements is
protected by the Constitution's guarantee of freedom of speech and expression.
The Stolen Valor Act infringes upon speech protected by the First Amendment,"
Kennedy said.
Justices Samuel Alito, Antonin Scalia and
Clarence Thomas dissented in the Alvarez case.
"These lies have no value in and of
themselves, and proscribing them does not chill any valuable speech," Alito
said.
"By holding that the First Amendment
nevertheless shields these lies, the court breaks sharply from a long line of
cases recognizing that the right to free speech does not protect false
statements that inflict real harm and serve no legitimate interest."
Alvarez made his claims by way of
introducing himself as an elected member of the Three Valleys Municipal Water
District, which encompasses cities in far eastern Los
Angeles County from
Azusa to Claremont and south to Diamond Bar.
He was later convicted of defrauding the
water district for a separate incident and sent to state prison.
"Those poor people who lost their arms and
legs and were awarded some kind of a posthumous medal would probably roll over
in their graves today," said Vietnam veteran Douglas Swanstrom, 64, of
La Verne.
"To me, it's just a slap in the face for
everybody that served the country."
After the decision, Swanstrom said he
decided to fly his United States flag outside of
his home upside down in protest.
"We were certainly very pleased with the
court's decision as is Mr. Alvarez," said Alvarez's public defender Jonathan
Libby, who spoke to Alvarez after the decision was announced.
"He thanked us for the job we did for
him," Libby said.
The Supreme Court had been "very
protective" of the First Amendment for a few years now, and its decision was not
a surprise to him, said Libby, who added Alvarez has been released from prison.
"This case is consistent with those prior
decisions," Libby said. "What the court said (Thursday) was essentially the
government doesn't get to be an arbitrator of truth and they can't act as a
minister of truth. The government doesn't get to tell us what we can and cannot
say. As long as it does not cause harm to another individual or the government."
The conviction will be formally reversed
and the $5,000 fine Alvarez paid will be repaid.
His lawyers challenged the law by
acknowledging their client's lies, but also insisting that they harmed no one.
Jim Frost, 68, a former mayor of
Rancho Cucamonga and Vietnam War
veteran, disagreed with Alvarez's lawyers.
"Was anybody harmed? The answer is
absolutely," Frost said. "Talk to the people who voted for him."
Frost spoke out against Alvarez during
many of the water district's public hearings.
Frost said Alvarez's "deceitful"
advertising of being a Medal of Honor winner influenced the electorate to vote
for him in the 2007 election over another a more qualified candidate, Luis M.
Juarez.
"In my opinion, Alvarez would not be in
there had (the voters) known who it was they were voting for. Those folks were
harmed," Frost said. "Not to mention Three
Valleys was harmed. He was
incompetent in making decisions. And the fact he replaced a knowledgable board
member based on his lies."
Juan Rodriguez, 80, a Korean War veteran
from Pomona, said he felt the decision
showed veterans no respect.
"We as Americans fought in the war, and we
like to be respected. But people don't respect us," Rodriguez said. "People can
lie and cheat and do everything they want ... we're like a bunch of idiots out
here. We can't fight it."
Three Valleys water board director Brian
Bowcock, whose father was killed during World War II, was on the board with
Alvarez and was outspoken against him.
"I'm very upset that's what happened,"
Bowcock said about the decision.
"But ... life will go on. And people will
forget. This whole country will forget but the ones who won't are the families
and friends of the recipients of the Medal of Honor. I've lost respect for the
Supreme Court."
The Associated Press contributed to this
report.
Reach Wes at via email, call him at 909-483-8549, or find him on Twitter
@ClaremontNow.
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ONE of my all-time heroes is Diogenes the Cynic,
who spent most of his life chilling in his barrel
outside the city-state of Corinth . He was the original
Cynic because he believed that men and women lived
a life dictated by rules and taboos and therefore no one
was really truthful or honest. Actually Diogenes is my hero
because he was witty, rude, and had little respect for authority.
(read his BLOG: http://diogenes-honest-politician.blogspot.com)
