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U.S. v. STRANDLOF

No. 10-1358.

667 F.3d 1146 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Rick Glen STRANDLOF, a/k/a Rick Duncan, Defendant-Appellee. and The American Legion, Amicus Curiae. and Christopher Guzelian, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

January 27, 2012.

Attorney(s) appearing for the Case

Joseph F. Palmer , United States Department of Justice, Criminal Division, Appellate Section, Washington, District of Columbia ( John Walsh , United States Attorney, and Michael C. Johnson , Assistant United States Attorney, United States Attorney's Office, Denver, CO, with him on the briefs), for Appellant.

John T. Carlson , Assistant Federal Public Defender ( Raymond P. Moore , Federal Public Defender, and O. Dean Sanderford , Research and Writing Specialist, with him on the brief) Office of the Federal Public Defender, Denver, CO, for Appellee.

Van H. Beckwith , Ryan L. Bangert , and Russell W. Fusco , Baker Botts L.L.P., Dallas, TX, and Aaron M. Streett , Baker Botts L.L.P. Houston, TX, and Philip B. Onderdock, Jr. , National Judge Advocate, The American Legion, Indianapolis, IN, on the brief for Amicus Curiae The American Legion in support of Appellant.

Christopher Guzelian , San Diego, CA, on the brief for Amicus Curiae Christopher Guzelian in support of Appellee.

Before TYMKOVICH, BALDOCK, and HOLMES, Circuit Judges.

TYMKOVICH, Circuit Judge.

Appellant Rick Strandlof was charged under the Stolen Valor Act, 18 U.S.C. § 704(b), which makes it illegal to falsely claim to have received a military award or honor. We must decide whether the Act is constitutional. Answering this question requires us to determine whether, and to what extent, the First Amendment prohibits Congress from punishing knowingly false statements of fact.

Reasoning that false statements are generally...

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