It’s clear that the State of the Union speech has become a performance, and not just by the President; all the politicians in the audience are performers too, and everything they do during the speech is under the microscope: Alito’s State of the Union moment.

Justice Samuel A. Alito Jr. responded to President Obama’s criticism Wednesday night of a Supreme Court decision last week by appearing to mouth the words “not true.”

Politifact checked President Obama’s statement that caused Justice Alito to mouth “not true,” and ruled it “Barely True.”

Based on our reading of the court’s opinion and interviews with campaign law experts, we find that Obama has overstated the ruling’s immediate impact on foreign companies’ ability to spend unlimited money in U.S. political campaigns. While such an outcome may be possible, the majority opinion specifically said it wasn’t addressing that point, and only further litigation would settle the matter once and for all. So we find Obama’s claim to be Barely True.