Awaiting court’s major decisions

Sometime this month, the U.S. Supreme Court will hand down its biggest decision in more than a decade when it rules on the constitutionality of ObamaCare.

That case, along with the looming decision on Arizona’s immigration law, will determine whether there are any constitutional limits on the federal government’s powers or whether the nation’s founding document gives Congress virtual free reign.

But decisions in 15 other cases will also be released in the next few weeks, including two First Amendment matters. Both cases involve well-intentioned legislation that has proved hard to interpret or enforce.

The first is a challenge to the Federal Communication Commission’s right to regulate broadcast indecency. Problem is, the application of the law has been relatively arbitrary – should local stations be fined for the infamous “wardrobe malfunction”? – and the proliferation of the Internet and cable and satellite technology has virtually rendered moot the FCC’s reason for existence: regulating airwaves.

If watchdog groups seek to highlight what they consider crass or indecent programming in hopes of shaming network executives into restraint, more power to them. But it becomes harder and harder to defend government intervention and censorship in this realm.

The other First Amendment case concerns the 2005 Stolen Valor Act, which makes it a crime to lie about receiving military decorations. Those who impersonate war heroes deserve our scorn and derision. If they use the law to commit or advance fraud, they should prosecuted under existing statutes.

But can Congress also pass laws that make it a crime to lie about your educational background? Your medical history? There are obvious free speech issues in this case. If the justices decide to uphold the act, however, let’s hope they do so in a very narrow fashion.