On Wednesday, the Supreme Court will hear arguments in United States v. Alvarez. At issue in this case is whether the Stolen Valor Act, 18 U.S.C. § 704(b)–which makes it a crime to falsely represent that you have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States–is facially invalid under the Free Speech Clause of the First Amendment.
Interestingly, two amicus briefs were filed by two UCLA law professors, on opposing sides of the case. The first was filed in support of the government by Eugene Volokh, who explains how First Amendment doctrine could deal with restrictions on knowing falsehoods, if the Court concludes that the statements at issue here are not covered by the Constitution. The second brief was by law professor Jonathan Varat, who argues that the government’s approach to false statements is incompatible with the First Amendment.
I cannot ever recall a case where two solo amicus briefs were filed by two professors on opposite sides of a case at the same school. It makes you wonder what they talk about at the UCLA Law faculty lounge.