The U.S. Supreme Court heard arguments April 23 in Nike Inc. v. Kasky, a free-speech case that could determine what constitutes a business’ opinion versus its commercial speech.
The case turns on whether Nike, in defending itself in the mid-1990s against accusations that it used sweatshop labor, was engaging in protected political speech in the context of a public debate or trying to protect its reputation and sell its products.
Marc Kasky argued Nike’s defense was false and used to promote its business. If true, this could violate a California law against false advertising and unfair competition.
Nike argued that it wasn’t selling products but simply was adding to the First Amendment-protected “marketplace of ideas.”
Click on links below for related commentary.
Why is it so bad to ask companies to tell the truth?
Companies must be free to join public dialogue
Freedom of commercial speech?
April 29, 2003
Steve Baggs Illustrator
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