Ninth Circuit: USA v. Elven Swisher

First Amendment, En Banc

The Supreme Court's holding that false statements of military valor are protected under the First Amendment was a change in the substantive law, and is retroactively applicable to cases on collateral review.

The wearing of a military medal that was not granted by the armed services is an act of expressive speech, and no compelling government interest justified its criminalization.

Dissent: Wearing a medal is substantially different from saying that a medal was won.  Gvt may legitimately ban.

http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/11/11-35796.pdf