... the Center will urge the Court to afford commercial speech, such as Nike's, broader free speech protection under the First Amendment. Supreme Court to Decide Whether Nike Can Just Do It

The United States Supreme Court last Friday granted Nike's petition to review Nike, Inc. v. Kasky, a seminal commercial speech case with broad implications for corporations across America. Last year, the California Supreme Court held that Nike's statements about the company's labor practices did not qualify for full constitutional protection under the First Amendment because the speech was ruled commercial in nature. Kasky sued under a state consumer protection law arguing that Nike could be liable for unfair trade practices because of its public statements.

In its Amicus brief in support of the petition, the Center for Individual Freedom argued that remarkable and immediate damage to First Amendment interests were at continued risk if the High Court did not agree to hear the appeal. In its Amicus brief on the merits of the case, the Center will urge the Court to hold that speech such as Nike's is not "commercial speech," and is entitled to broad free speech protection under the First Amendment. The Center will also suggest the Court reexamine the dichotomy between commercial speech and other fully protected speech concerning matters of public interest.

The case is scheduled for oral arguments in April.

For more information about the Nike case, click here.

To download the Center's Amicus brief urging the Supreme Court to review the Nike case, click here.

January 16, 2003
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