 Justice Anthony Kennedy , writing for a plurality consisting of himself , Chief Justice John Roberts , Justice Ruth Bader Ginsburg , and Justice Sonia Sotomayor , wrote that false statements are not , by the sole reason of their falsity , excluded from First Amendment protection . " The Court has never endorsed the categorical rule the Government advances , " Kennedy wrote . " Our prior decisions have not confronted a measure , like the Stolen Valor Act , that targets falsity and nothing more . " Even though there are several examples of the use of penalizing false speech ( like perjury ) , Kennedy argued that " [ t ] he Government has not demonstrated that false statements generally should constitute a new category of unprotected speech ... " 
