Signed into law in 2006, the Stolen Valor Act banned “fraudulent claims surrounding the
receipt of the Medal of Honor, the distinguished-service cross, the Navy cross, the Air Force
cross, the Purple Heart, and other decorations and medals awarded by the President or the Armed
Forces of the United States” (Stolen Valor Act of 2005). However, in 2011, 39-year-old Abel
Fields violated this act by disseminating false claims regarding his service in the military and
subsequent awards. After being prosecuted and convicted under the Stolen Valor Act, Fields was
fined $1,000. Fields appealed the case, arguing that his First Amendment rights were violated.
Similar antecedent cases include New York Times Co. v. Sullivan and Texas v. Johnson, where in
both the court ruled in favor of the defendants’ right to free speech.
Abel Fields’s should not be charged with violating the Stolen Valor Act since his actions
fall under free speech. As stated in the case New York Times Co. v. Sullivan, an act must exhibit
clear malice to not fall under the right to freedom of speech. This precedent applies as Fields’s
actions had no harmful effect on anyone. Additionally, in the case Texas v. Johnson, Gregory
Johnson was charged for burning a flag, but his appeal resulted in the ruling that freedom of
speech cannot be limited solely because society disapproves of it. This precedent applies as
while Fields’s actions may have been disagreeable, it’s not enough for a conviction,
Overall, Abel Fields was incorrectly prosecuted under the Stolen Valor Act. Additionally,
this decision has the potential to be extremely influential, as it questions the constitutionality of
the act. Future laws could be influenced by this ruling as it sets a precedent regarding the
government’s infringement of free speech.
Works Cited
"S.1998 - 109th Congress (2005-2006): Stolen Valor Act of 2005." Congress.gov, Library of
Congress, 20 December 2006,
https://www.congress.gov/bill/109th-congress/senate-bill/1998.