for more on both cases, we are joined by marcia coyle of the "national law journal." >> let's do thearez case, the stolen valor act. give us a little context here. when is lying a crime and had is lying protected speech? >> well, lies are speech, the first amendment protects speech, but it doesn't plectall lies. for example, perjury, fraud, those are crimes. the first amendment doesn't protect defamation and libel. there are some exceptions but it doesn't protect them. but in all cases in which the first amendment doesn't protect a lie, it's because there's been a requirement that there be an swent to do harmo harm has occurred. that brings us to the problem with the stolen valor act. >> warner: tell us how it unfolded today. the government would have been gone first here. >> the federal law does not have a requirement of harm. so the arguments here focus really on two issues-- the justices were very focused on one-- what harm is there from someone lying about having gotten a medal? and, two, if the government can make this type of lie a crime, where does the government's police powe