Is It Illegal to Impersonate Someone? A First Amendment Analysis 

It’s said that imitation is the sincerest form of flattery. When you imitate or impersonate someone, are they flattered if they want to sue you?

That’s a question best left for the person being impersonated.

But the one best for this article: Is it illegal to impersonate someone? Here, we explore that question through the lens of the First Amendment.

Impersonation and the First Amendment

The First Amendment protects against the government punishing speech, which includes many forms of expression, such as comedy, music, movies, dance and theater. There are some types of speech and expression that don’t get First Amendment protection (such as obscenity and threats).

Impersonating someone is a form of expression that generally is protected by the First Amendment. Think of the many “Saturday Night Live” sketches with actors impersonating celebrities and public officials. The subjects of those sketches may not like the way they’re portrayed, but the First Amendment protects it.

But just claiming that whatever you’re doing or saying is “impersonation” will not automatically shield you from legal issues. That’s because some forms of impersonation can fall into areas not protected by the First Amendment – for instance, when you are impersonating someone to commit fraud.

Here are ways the First Amendment does and does not protect impersonating someone.

When impersonation is protected as free speech

SATIRE/PARODY: “Saturday Night Live” and similar sketch comedy falls under the category of protected speech. Similarly, satirical publications like The Onion, Babylon Bee and The Needling use humor to make social critiques, which the First Amendment protects. Sometimes satirical news outlets publish fake opinion pieces, interviews with or quotes supposedly from well-known people – a form of impersonation. But most people who are being impersonated would need to show that the satire or parody contained a false statement of fact that harmed their reputation or caused them some manner of emotional distress – something that is difficult, if not impossible, to show when the audience clearly knows that it’s a joke, not a fact.

Actor Joe Pesci, left, laughs during a 1992 promotional spot for Saturday Night Live with Phil Hartman, center, in character as Bill Clinton, and Dana Carvey as George Bush.

FICTIONALIZED MOVIES/COSTUMED PERFORMANCES: Many movies, TV shows, plays and other theatrical works are “based on a true story” or “inspired by actual events.” Including such a disclaimer isn’t a legal requirement but helps signal that the film was never intended to be an accurate representation and that it may include hyperbole or creative storytelling; this can help in defending against any defamation lawsuits. These performances involve actors impersonating real people, with some elements fictionalized to advance the story and make it entertaining. These works are protected expression and include examples like the 1991 movie “JFK” (about the assassination of President John F. Kennedy), the Netflix series “The Crown” (depicting the British royal family), and the Broadway musicals “Hamilton” and “Book of Mormon.”

MILITARY SERVICE: Falsely claiming you served in the military or inflating your credentials or service record, including claiming you received service medals when you did not, is often called “stolen valor.” Publicly making such false claims themselves is not always illegal, such as if you wear those medals in public or tell people you are a decorated war veteran just to impress them. However, as mentioned below, there are times when impersonating a military member or claiming fictitious service awards can be illegal.

RELATED: Is lying protected by the First Amendment?

When impersonation is not protected as free speech

MILITARY SERVICE: Impersonating a military service member to access a secure military site is not protected speech. Neither is claiming false military service or awards to receive federal or state government benefits for veterans, including medical care.

The U.S. government uses “veteran’s preference” in hiring some positions, meaning being a veteran can help job candidates (depending on their eligibility). States use a form of veteran’s preference too, though the level and kind of preference depends on the state.

FAKE WORK ELIGIBILITY: Similar to a fake veteran’s preference, fake work eligibility means you’re claiming a status you do not have. For example, state and federal laws outline minimum ages for many types of jobs, such as bartending. Falsifying identification documents to change your age or immigration status to get a job is not protected speech. This could also include fake professional certification documents such as a commercial driver’s license for bus drivers, medical degree for doctors or state bar membership for attorneys.

FRAUD: Broadly speaking, fraud is claiming you’re someone you aren’t or lying to obtain benefits or money. Federal and state laws outlaw fraud in many ways, such as the Federal Trade Commission’s rules against consumer scams. The FTC allows people to report fraud that results in people donating money to fake charities or through other means, including scammers impersonating a fake love interest or family member.

 

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IDENTITY THEFT: This is a type of fraud that involves impersonating a real person by stealing identity documents or government identifiers such as a federal Social Security number or state ID card number. The goal is often to obtain money by impersonating the real person and taking out credit cards or bank loans in the person’s name or possibly stealing their benefits, including Social Security payments, a private pension or retirement fund.

PUBLIC OFFICIALS: While many real U.S. presidents and other public officials have been portrayed by actors in movies and TV, presenting yourself as a public official (such as a member of Congress, police officer or firefighter) could result in criminal charges. The line of distinction with such cases is often the intent. While impersonating a public official at a Halloween party for entertainment or comedy is protected free expression, pretending you’re a police officer to pull over vehicles or enter a restricted area is not.

Examples of impersonation cases

These examples of impersonation cases highlight those involving criminal charges, the U.S. Supreme Court or popular cases that have made international news headlines. All test the limits of free speech and expression and the question of whether it is illegal to impersonate someone, deceive another person or lie about your background.

Not Brad Pitt but actual money lost

Celebrities like actors and music stars attract many devoted fans – and websites for discussing news about them. In September 2024, Spanish police said they had arrested five people connected to a fraud scheme to bilk multiple women out of money. The police said the scammers had found at least two women on a Brad Pitt fan site and built psychological profiles of the women, who they thought were vulnerable to a romantic scam. They sent the women direct social media and email messages while impersonating the actor and offered them his supposed love, affection and opportunity for investment. Police said the scammers had taken an estimated $364,000 from the women.

Xavier Alvarez and Stolen Valor

Xavier Alvarez was an elected official on a California water district board. In 2007, he said in a public meeting that he was a Marine Corps veteran and had received the Congressional Medal of Honor; both statements were false. He was charged with violating the federal Stolen Valor Act of 2005, which criminalized lying about military medals or decorations.

Alvarez initially pleaded guilty but appealed. In 2012, the U.S. Supreme Court ruled that the 2005 law was too broad because false speech, by itself, had never been a category of speech falling outside First Amendment protections. False statements are only punishable if they cause some direct harm to another person or the public at large that can’t be easily countered by someone correcting the record. Allowing the government to punish lies would open the door to allowing the government to punish virtually any speech that it decides is false.

Manti Te’o, Notre Dame football and a vocal “girlfriend”

Sports fans and media love stories of athletes overcoming the odds. In 2012, there were fewer sports stories bigger or more widely broadcast than that of University of Notre Dame linebacker Manti Te’o. Not only was he a Heisman Trophy finalist, but he dedicated his season and play in the national championship game to his girlfriend, Lennay Kekua, who he said had died on the same day as his grandmother earlier that season. It was a bittersweet story for the ages in overcoming adversity.

In January 2013, the sports news site Deadspin published an investigation debunking it. Te’o’s girlfriend wasn’t real. Rather, there was a real person who was pretending to be a woman who had been in a phone and texting relationship with Te’o. Notre Dame and Te’o said he was the victim of a “sad and very cruel deception.” The real person had changed their voice, later demonstrated on “Dr. Phil,” and said Te’o was not in on the hoax. In 2022, the person, who was never charged with a crime, said she identified as a transgender woman named Naya Tuiasosopo. Netflix featured the story in its documentary “Untold: The Girlfriend Who Didn’t Exist.”

Notre Dame's Manti Te'o during a 2012 game against Michigan.

“Scamanda”: Fake sickness, real money, a podcast and TV special

When San Jose, California, resident Amanda Riley started her blog “Lymphoma Can Suck It” in 2012, the site seemed a common way for cancer patients to share their treatment with the world. Through the blog and social media accounts, Riley shared pictures and solicited donations for her medical care.

In 2015, investigative journalist Nancy Moscatiello got a tip that Riley was faking. The IRS investigated Riley’s income. Federal prosecutors eventually charged Riley with wire fraud. Evidence showed she had made fake medical records and forged doctors’ signatures, and she shaved her head to impersonate a cancer patient. Riley pleaded guilty in 2022, was ordered to repay $105,513 to 349 donors, and received a five-year prison sentence. The case sparked the popular “Scamanda” podcast, which debuted in 2023. ABC released a four-part docuseries of the same name in January 2025.

Los Angeles 2025: Real fires, fake firefighters

The wildfires that burned significant areas of Los Angeles and the surrounding counties in January 2025 brought international attention – and emergency responders. Within days, there were news reports of looting in the devastated neighborhoods. Fire departments and disaster assistance teams from other states and countries arrived to help.

With them came people pretending to be public officials and emergency responders, caught attempting to enter areas closed off and patrolled by police and National Guard troops. One case that made news headlines: Married couple Dustin Nehl and Jennifer Nehl had a real fire truck they had bought at an auction and driven from Oregon. They claimed they were with the non-existent Roaring River Fire Department. Both were arrested and charged with misdemeanors for impersonating firefighters. As of February 2025, their court cases were ongoing and officials hadn't identified a motive. California lawmakers proposed a bill to increase penalties against people charged with looting and impersonating responders during wildfires and other emergencies.

Scott A. Leadingham is a Freedom Forum staff writer. Email