According to a 2012 decision by the US Supreme Court, Abel Fields's actions are protected by the First Amendment.
In the fictitious case study scenario of Abel Fields, he claimed to have received a Purple Heart for wounds suffered in combat, when in fact he had never served in the military. He asserted his claim as a freedom of speech issue.
In a real-life decision by the US Supreme Court, <em>United States v. Alvarez, </em>the the Court struck down the Stolen Valor Act of 2005 (signed into law by President G.W. Bush in 2006). The law had criminalized false statements about having a military medal. By a 6-3 majority, the Supreme Court determined that the Stolen Valor Act was unconstitutional under the First Amendment's protection of free speech.
