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Legal Commentary
: The Volokh ConspiracyFederal Government Argues that Ban on False Claims of Having Gotten a Military Medal Is ?Content-Neutral?
By Eugene Volokh
A pretty poor argument (see p. 6), it seems to me ? the law applies to speech of a certain content, and is justified by a worry that the content of the speech will mislead people.
I?ve argued that the ban is constitutionally permissible, because it fits within the knowingly-false-statements-of-fact exception to First Amendment protection. But it is definitely not content-neutral.
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Full post as published by The Volokh Conspiracy on February 08, 2010 (boomark / email).
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