March 22, 2011

NONE OF THE JUDGES ON THE PANEL COULD WITHSTAND SCRUTINY OF THEIR RESUMES EITHER (via The Mother Judd):

Federal appeals court strikes down Stolen Valor Act (Carol J. Williams, 3/22/11, Jewish World Review)

"Saints may always tell the truth, but for mortals living means lying."

Those were the words of Chief Judge Alex Kozinski in Monday's decision by the 9th U.S. Circuit Court of Appeals that the Stolen Valor Act is an unconstitutional restraint on free speech and a threat to every citizen who fibs to embellish his or her image, avoid embarrassment or perpetuate a child's belief in Santa Claus. [...]

"If false factual statements are unprotected, then the government can prosecute not only the man who tells tall tales of winning the congressional Medal of Honor, but also the JDater who falsely claims he's Jewish or the dentist who assures you it won't hurt a bit," Kozinski wrote in defense of the First Amendment.

"Phrases such as 'I'm working late tonight, hunny,' 'I got stuck in traffic' and 'I didn't inhale' could all be made into crimes," Kozinski argued. "Without the robust protections of the First Amendment, the white lies, exaggerations and deceptions that are an integral part of human intercourse would become targets of censorship."

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Posted by at March 22, 2011 4:17 PM
  

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