Question

Abel Fields’s actions protected by the First Amendment?

Answer 1

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, United States v. Alvarez, 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.

Answer 2

Answer:

According to a 2012 decision by the US Supreme Court, Abel Fields's actions are protected by the First Amendment.

Explanation:

Abel Fields' case was a real case, not a fictional one.

Abel Fields was a 39-year-old resident of a city in California. In 2011, he attended a city meeting about public safety. He spoke publicly at the meeting, explaining that his military experience gave him the knowledge to speak with authority about public safety issues. During his speech, he claimed that he had served in the military for eight years. He also claimed that he had received the Purple Heart, a prestigious medal.

Each of Fields’s claims was false. He had never served in the military, and he had never received a medal.

He was prosecuted and convicted under the Stolen Valor Act.Because he was found guilty, he was sentenced to pay a fine of $1,000.

Fields appealed his decision to the Ninth Circuit Court of Appeals. He argued that the Stolen Valor Act was unconstitutional, and that his right to free speech had been violated.

The Ninth Circuit Court of Appeals ruled in his favor. However, the government appealed the decision, and the Supreme Court agreed to hear the case.