Eight Years Ago Today: Alvarez v. United States

Judicial Follies: Lying like a rug

By FRANK ZOTTER JR.
June 28, 2020

On the first page of its website, the U.S. Supreme Court’s calendar marks in yellow the dates when new decisions will be released. And as the end of a term rolls around, the biggest cases are usually released on one of those “yellow-letter” dates, beginning at 10 a.m. Eastern time.

And so, eight years ago, on June 28, 2012, the witching hour rolled around, as everyone frantically hit “refresh” on the court’s website to get a copy of the Obamacare decision. Moments passed. And then — something changed!

And . . . AND? Oh. It was Alvarez v. United States, not the health care decision — which ultimately wouldn’t be posted for another 15 minutes.

Alvarez was one of two Supreme Court opinions released the last day of the 2011-2012 term, deeply overshadowed by that other decision. While the health care case was a landmark (a “split decision,” striking down the Medicaid expansion, but saving the core of the law), Alvarez — mostly forgotten now — was actually the more interesting to read.

Alvarez began on July 23, 2007, shortly after Xavier Alvarez won a seat on the Three Valley Water District Board in Los Angeles County, California. At a meeting that night, Alvarez introduced himself by saying: “I’m a retired marine of 25 years. I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got wounded many times by the same guy. I’m still around.”

Alvarez’ statement must have raised someone’s suspicions, because eventually, as explained by the Ninth Circuit Court of Appeals, “with the exception of ‘I’m still around,’ his self-introduction was nothing but a series of bizarre lies.”

Alvarez had never won the Medal of Honor. He had never been a marine. He had never served in any branch of the Armed Forces.

then…

Surprisingly, his appeal did not focus on just how, exactly, someone can be sentenced to precisely 416 hours of community service (why not 400? Why not 410? Or 425?). Instead, he actually challenged the Stolen Valor Act under the First Amendment. And first the Ninth Circuit and then, on that June morning eight years ago, the Supreme Court agreed with him. While finding Alvarez’ lies “contemptible,” Justice Kennedy concluded that, as “pure speech” and not intended, e.g., to defraud anyone, his conduct was protected by the First Amendment.

And so, while his neighbors might thereafter have crossed the street to avoid him, Alvarez at least clearly showed that he went into the right profession — as a politician. Heck, based on subsequent events, he might just have a shot at the presidency.

Though it’s doubtful even Alvarez could top the current record-holder by telling more than 20,000 lies in fewer than four years.

Needless to say, this ruling emboldened many people.  Certainly made our job a bit more difficult over the last eight years.