Court applied the rational basis standard of review

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True/false

1. Justice Kennedy’s decision strikes down the Stolen Valor Law, because the government failed to meet its burden of proof that the statute was constitutional under the strict scrutiny test. Justice Breyer’s decision strikes down the Stolen Valor Law, because the government could have achieved its objective in a less restrictive manner under the intermediate scrutiny test.

2. The Stolen Valor Law would likely have been deemed constitutional had the court applied the rational basis standard of review.

3. Alvarez’s challenge to his criminal conviction will also succeed under the Supremacy Clause, because the First Amendment preempts any conflicting federal law wrongfully impinging on free speech.

4. The U.S. Supreme Court decision striking down the Stolen Valor Law as unconstitutional under the First Amendment prohibits states from enacting statutes prohibiting false claims of military medal awards in employment and mortgage loan applications.

5. The 6-3 decision of the United States Supreme Court creates a new category of speech – untrue speech – which is protected by the First Amendment.

Reference no: EM132210569

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