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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA v. AARON LAWLESS * * * Case No. 11-0173M

DEFENDANTS MOTION TO DISMISS ON GROUNDS THAT THE STOLEN VALOR ACT IS UNCONSTITUTIONAL The defendant, Aaron Lawless, by and through his attorneys, James Wyda, Federal Public Defender, Susan M. Bauer, Assistant Federal Public Defender and Kathryn DAdamo, student attorney, hereby requests that this Honorable Court dismiss the charges against him because the Stolen Valor Act, codified at 18 U.S.C. 704, is unconstitutional on First Amendment grounds, both facially and as applied to Mr. Lawless. As grounds for the motion, undersigned counsel state the following: 1. The Stolen Valor Act, which makes it a crime to falsely claim to have received

certain military decorations and medals, verbally or in writing, falls outside the limited exceptions to the free speech clause of the First Amendment. 2. The statute is unconstitutional because it is not sufficiently narrowly tailored to the

government's stated interest. 3. The statute is unconstitutionally overbroad.

In support of this motion, counsel refers the Court to the attached Memorandum of Law.

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WHEREFORE, Aaron Lawless respectfully moves this Court to rule that this prosecution under 18 U.S.C. 704(b) violates the First Amendment, and order dismissal of the charges against him. Respectfully submitted, /s/ JAMES WYDA, (#25298) Federal Public Defender /s/ SUSAN M. BAUER (#04085) Assistant Federal Public Defender Office of the Federal Public Defender 6411 Ivy Lane, Suite 710 Greenbelt, Maryland 20770 Telephone: (301) 344-0600 Facsimile: (301) 344-0019 Email: Jim_Wyda@fd.org Email: Susan_M_Bauer@fd.org /s/ KATHRYN DADAMO Student Attorney