David L. Hudson Jr.: First Amendment freedoms need “breathing space”

  “Breathing space” remains one of the most important concepts in First Amendment phraseology and jurisprudence. Government officials should not create an atmosphere or pass laws where individuals are chilled from speaking out and expressing their ideas. Oftentimes, more questionable speech is protected in order to provide “breathing space” for other expression.

Ken Paulson: Impersonating a cop vs. pretending to be a war hero

  When the U.S. Supreme Court in United States v. Alvarez struck down the Stolen Valor act, concluding that lying about receiving high military honors was protected under the First Amendment, many analysts made a point about the laws the Court’s decision would not invalidate. Most believed that state laws prohibiting the impersonation of police officers would stand.

  That view was put to the test in a case decided this week by the 4th U.S. Circuit Court of Appeals. In a 2-to-1 decision, the court upheld the constitutionality of a Virginia statute barring the impersonation of a police officer.