Week 2 EOC: Supreme Court

The U.S. Supreme Court just started its 2013-2014 term on October 7, 2013 which was the first Monday of October. “The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law.”(1) With so many issues on the docket one of the major issues that the Supreme Court will be faced with this term will be cases that deal with the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."(2) It is really hard to determine the outcome of a case when dealing with this amendment, because it all depends on how you interpret it. There are many cases where individuals or corporations do a "crime" and they will fight that they are protected under the First Amendment. An incident that happened that dealt with the First Amendment was in 2011. A man named Xavier Alvarez lied about being awarded the Medal of Honor and being a retiree from the Marines after 25 years of service. He was criminally convicted and sentenced to probation. "Alvarez filed a motion to dismiss the indictment, attacking the constitutionality of the Stolen Valor Act; he asserted that the Act was unconstitutional both as written and as applied to him under the First Amendment. The district court denied his motion and sentenced him to probation for three years, 416 hours of community service, and a fine of $5000. Alvarez conditionally pled guilty to the first count and appealed the First Amendment issue to the United States Court of Appeals for the Ninth Circuit."(3) All thought Alvarez didn't feel he did anything wrong I definitely thought he did. Military personnel earn all of the benefits that they received and it is unfair that he thought that he could just disrespect that right. Although the First Amendment doesn't say that you can't lie, I think that when I deals with the "Stolen Valor Act" there should be an exception because that's kind of like faking your identity, which is considered a crime. 

Citations:

1) U.S. Constitution- Amendment 1. Retrieved on October 10, 2013 from http://www.usconstitution.net/xconst_Am1.html

2) United States v. Alvarez. Retrieved on October 10, 2013 from http://www.law.cornell.edu/supct/cert/11-210 

3) Supreme Court of the United States. Retrieved on October 10, 2013 from http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/SupremeCourt.aspx