For a free speech absolutist, all speech and every speaker, no matter how repugnant, are protected by the First Amendment. That principle even extends to someone as exasperating as Xavier Alvarez.
Alvarez couldn’t be trusted with the time of day. He lied ceaselessly and compulsively. He hungered for attention and unearned admiration. The life story he dreamed up for himself was so far-fetched that it could’ve been the subject of epic biographies: He’d been a professional athlete, married a “Mexican starlet [who] caused paparazzi to swoon” and performed great feats of international heroism. Each of his claims was as spectacular as it was false. He wound up lying his way straight into a prison cell for insurance fraud and theft.
The Supreme Court tells us that some lies are protected by the First Amendment and some aren’t. Alvarez told all kinds. After years of contentious litigation, his place in history has been secured not by the lies for which he was ultimately punished, but for those the Supreme Court chose to protect.
On July 23, 2007, while attending a local water board meeting, he announced that he was a retired Marine, wounded in battle, and had won the Congressional Medal of Honor. These deceptions violated the Stolen Valor Act, which sought to preserve the prestige of military honors by punishing those who dilute their value with lies about winning them. Alvarez was sentenced to probation, community service and a fine before his conviction was overturned.
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