 Libby stumbled in the Court 's estimation , however , when he conceded that the Act did not chill any truthful speech . In response , Justice Kagan stated , " So , boy , I mean , that 's a big concession , Mr. Libby . Then you 're saying , you can only win this case if this Court decides that the Gertz statement was a kind of overstatement , an exaggeration , <unk> . " 
