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This section contains the nature of the case and procedural background.

D lied when he stood up in public at a Water Board meeting and stated he had been awarded the Congressional Medal of Honor. D was indicted under the Stolen Valor Act. The District Court rejected his claim that the statute is invalid under the First Amendment. D pleaded guilty to one count, reserving the right to appeal on his First Amendment claim. The Ninth Circuit, found the Act invalid under the First Amendment and reversed the conviction. The Supreme Court granted certiorari.

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