Prosecutors keep door open on Stolen Valor appeal
DENVER — Federal prosecutors in Colorado have filed documents preserving their right to appeal a judge’s ruling that lying about being a war hero is constitutionally protected free speech.
A notice filed last week with the 10th Circuit Court of Appeals in Denver gives prosecutors more time to decide whether to appeal.
At issue is the Stolen Valor Act, which makes it a crime punishable to falsely claim to have been awarded a military medal.
A federal judge in Denver ruled last month the government hasn’t shown it has a compelling reason to restrict that type of lie.
In a separate case challenging the act, the 9th Circuit in San Francisco ruled Tuesday the law is unconstitutional. Prosecutors there haven’t said whether they will appeal.