In United States v. Alvarez the Supreme Court has held that the Stolen Valor Act is unconstitutional. Justice Kennedy wrote for the Court, joined by the Chief Justice, and Justices Ginsburg and Sotomayor. Justice Breyer, joined by Justice Kagan, concurred in the judgment concluding the law is unconstitutional as written, but also suggesting that a more carefully drawn statute could survive First Amendment scrutiny. Justice Alito dissented, joined by justices Scalia and Thomas. The opinion is here.
For some of Eugene’s prior posts on this case see here and here.