FOR IMMEDIATE
RELEASE
October
15, 2002
Contact: Jeffrey
Mazzella
703.535.5836
Nike
Seeks Supreme Court Review of Free Speech Abomination
Center for Individual Freedom to File Brief
ALEXANDRIA,
Va.
In
a significant first step toward re-establishing sanity in the First
Amendment universe, Nike has asked the Supreme Court to review a decision
by the California Supreme Court holding that Nikes statements
defending itself against public criticism regarding its labor practices
were merely commercial speech entitled to minimal First Amendment
protection.
The
4-3 California Supreme Court ruling in the case of Kasky
v. Nike effectively eliminated the ability of corporations
and business persons to engage in any public debate over matters
that related to their businesses by allowing strict liability to
be imposed for misstatements made in the course of such debate.
Corporate critics, by contrast, would continue to receive full First
Amendment protection for their speech.
Nike
cited the dissenting California Supreme Court Justices in its petition
to the U.S. Supreme Court as saying that while Nike faces liability
for any misstatements, its "critics have taken full advantage
of their right to uninhibited, robust, and wide-open debate,"
and that "[h]andicapping one side in this important worldwide
debate is both ill considered and unconstitutional."
Nike
is represented before the Supreme Court by, among others, Constitutional
Scholar and Supreme Court advocate Laurence Tribe, former Acting
solicitor General Walter Dellinger, and Supreme Court specialist
Tom Goldstein.
The
Center for Individual Freedom welcomes this latest effort by Nike
to resist Californias encroachment of First Amendment freedoms,
and plans to support Nikes efforts before the Supreme Court.
While
the Kasky decision is troubling enough even as applied within
California, the decision and the underlying state law reach far
beyond Californias borders. Many of the allegedly inaccurate
statements over which Nike was sued were made in letters, editorials,
and comments to reporters in distant parts of the country and only
reached Californians through the internet or other means of mass
media. But if a company can be sued in California for statements
made anywhere in the country, then it will necessarily be silent
even in states that seek to promote vigorous public debate for both
sides of issues involving business-related issues.
By
thus imposing its restrictive view of the First Amendment on statements
made throughout the country, the Kasky decision threatens
the freedoms of all Americans. Only the United States Supreme Court
can adequately rebuff that assault on our constitutional rights.
In
furtherance of its mission to promote and defend individual freedoms,
the Center plans on joining Nike in battle to undo Californias
assault on the First Amendment. The Center has thus hired Supreme
Court and First Amendment litigator Erik Jaffe to prepare an amicus
brief for the Center in support of Nikes petition for certiorari
and, if the Court grants the petition, an amicus
brief in support of Nike on the merits.
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