Samuel Johnson said every man thinks meanly of himself for not having been a soldier. This seems to hold true even today, given the propensity people have of concocting false stories about military service and awarded medals. It turns out that there is a law prohibiting this, and the Supreme Court is now considering whether that law is Constitutional.

Because of the Stolen Valor Act, which was passed in 2006, it a federal crime to “to falsely represent oneself as having received any U.S. military decoration or medal,” and offenders can be sentenced to up to a year in prison. The current legal challenge, United States v. Alvarez, argues that such lies fall within one’s free speech rights.

One thing that the Justices seem divided on is whether false claims to honor cause any “harm,”or whether it is important to the “public interest” that such lies be discouraged. Taking up the perspective inclined to answer “no” to these questions, Justice Sotomayor challenged the prosecution, asking:

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