associate justice stephen breyer wrote a dissenting opinion, which justice ginsburg and justice kagan joined. breyer argued that the law should be reviewed as an economic regulation, not under a heightened standard applied for first amendment issues. breyer found that the legitimate regulatory objectives outweighed the small harm done to first amendment interests. breyer also noted that applying a strict first amendment standard whenever a legislative program burdened speech would give judges the power to choose to undermine or support legislative efforts.