Submitted by stiddy on June 24, 2008

• Category: Case study
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Kasky V. Cline

Kasky v. Cline
Facts This case is based on a public relations campaign by Nike that responded to allegations of poor working conditions for employees in their foreign factories. Whether false or misleading statements should be categorized as commercial or noncommercial speech, and therefore unprotected or protected, is the most important issue in the case. The main discussion is about the distinction between commercial and noncommercial speech, in terms of judicial scrutiny and the degree of protection afforded by each type of speech. The author suggests that speech such as that used by Nike should be protected under the First Amendment and proposes ways to prevent corporations...

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