So the Massachusetts Supreme Judicial Court held in today’s Commonwealth v. Lucas decision. For more on a similar recent U.S. Court of Appeals for the 8th Circuit decision, applying the U.S. Constitution, see this post. The Washington Supreme Court had reached a similar result some years before, though the 6th Circuit and the Ohio Court of Appeals upheld similar laws (to be sure, before the 2012 United States v. Alvarez Stolen Valor Act case).
Eugene Volokh Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and an intensive editing workshop at UCLA School of Law, where he has also often taught copyright law, criminal law, tort law, and a seminar on firearms regulation policy. Follow