The Stolen Valor Act is not only unnecessary, it also sets a dangerous precedent. If future acts follow the same principles, the government may forbid speech solely because it is a lie, even if that lie does not create damage. We agree that most intentionally false speech is not worthy of constitutional protection. We also agree that intentional and damaging lies can be made the subject of criminal law. However, we cannot adopt a rule as broad as the Stolen Valor Act without trampling on the fundamental right to freedom of speech.

Which statement summarizes the justice’s argument in the court of appeals opinion?

Lying is not protected by the First Amendment; only truths are protected.

The government should not be singling out military service awards for legal protection.

The government cannot make one form of lies illegal without making all lies illegal.

The Stolen Valor Act could allow the government to limit future speech.

The Stolen Valor Act could allow the government to limit future speech.