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Nike, Inc. v. Kasky

Docket No.: 02-575
Certiorari Granted: Jan 10 2003
Argued: April 23, 2003
Decided: June 26, 2003

Topics:

Judicial Power, Writ Improvidently Granted, Administrative Procedure, Article I, Civil Procedure, ERISA, First Amendment, Fourteenth Amendment, Labor Department, National Labor Relations Act, abuse of discretion, equitable relief, judicial review, privacy

PartyNames: Nike, Inc., et al. v. Marc Kasky
Petitioner: Nike, Inc., et al.
Respondent: Marc Kasky

Court Below: Supreme Court of California
Citation: California Supreme Court, 45 P.3d 243. QUESTIONS PRESENTED I. When a corporation participates in a pu blic debate - writing letters to newspapereditors and to educators and publishing communications addressed to the general public on issues of great political, social, and economic importance - may it besubjected to liability for factual inaccuraci es on the theory that its statements are "commercial speech" because they might affect consumers' opinions about the business as a good corporate citizen and thereby affect their purchasing decisions?
Supreme Court Docket

Nike, Inc., et al.
v.
Marc Kasky
539 U.S. 654 (2003)
Other Citations: 123 S.Ct.2554156 L.Ed.3d 580>
Question:

May a corporation participating in a public debate be subjected to liability for factual inaccuracies on the theory that its statements are commercial speech because they might affect consumers' opinions about the business as a good corporate citizen and thereby affect their purchasing decisions?

Nike, Inc. v. Kasky
ORAL ARGUMENT

April 23, 2003

Holding: dismissed
Decision: Decision: 6 votes for Kasky, 3 vote(s) against
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