Justice Breyer wrote a dissenting opinion that was joined by Justice O’Connor. He argued that the Court should not have dismissed certiorari and instead should have ruled in Nike’s favor. He saw the case in much simpler and immediate terms than Justice Stevens, believing the right of Americans to speak about public matters was at stake and delay in deciding the case might inhibit the exercise of constitutionally protected rights of free speech. He did not see the case as potentially easier to decide in the future. In analyzing the First Amendment issues in the case, Justice Breyer said that Nike’s statements should be viewed by the public speech standards, which allow much greater freedom for the statements Nike can make about its products, than commercial speech standards. Justice Breyer also challenged the California statute that allowed Marc Kasky, a private citizen, the power of a “private attorney general” in pursuing a case against Nike on behalf of the general public’s interests.