HOME > First Amendment Library > Case   Nike v. Kasky (docket #: 02-575 ) (2003)  [Findlaw] Argument Date 04/23/2003 Decided 6/26/03 Supreme Court Vote 6-3 Supreme Court Ruling Writ of certiorari dismissed as improvidently granted   Issue Whether, consistent with the First Amendment, Nike, Inc. can be sued for violating state consumer-protection laws concerning allegedly false advertising when such statements were made in response to charges by Nike’s critics and concerned wages, treatment and safety conditions of Nike’s workers at overseas factories.   Case Summary & Additional Resources Dissenting Opinion Breyer, J., O'Connor, J., & Kennedy, J. Certiorari Granted 01/10/2003 Lower Court California Supreme Court Lower Court Ruling The California Supreme Court denied the First Amendment claim in Kasky v. Nike (2002). Oral Arguments Transcript audio (Oyez)  [Oyez] Lawyers For Petitioner Laurence Tribe Thomas C. Goldstein Walter Dellinger (O’Melveny & Myers) For Respondent Alan M. Caplan Paul R. Hoeber For United States Theodore B. Olson Briefs For Petitioner Merits Brief Merits Reply Brief Petition brief Reply Brief For Respondent Hoeber (opposition brief) Merits Brief For United States United States (Merits) For Amicus American Civil Liberties Union and ACLU of Northern California (Merits) American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) (Merits) [supporting neither party] Arthur W. Page Society, et al. (Merits) Association of National Advertising, Inc., et al. (Merits) Business Roundtable (Merits) Campaign Legal Center (Merits) [supporting Respondent] Center for Individual Freedom (Merits) Center for Individual Freedom (Petition) Center for the Advancement of Capitalism (Merits) Center for the Advancement of Capitalism (Petition) Chamber of Commerce of the United States (Merits) Chamber of Commerce of the United States (Petition) Civil Justice Association of California (Merits) Civil Justice Association of California (Petition) Congressmembers Kucinich, Sanders, Brown, and Filner (Merits) [supporting Respondent] Consumer Attorneys of California (Merits) [supporting Respondent] Council of Public Relations Firms, et al. (Petition) Defenders of Property Rights, et al. (Merits) Domini Social Investments LLC, et al. (Merits) [supporting Respondent] ExxonMobil, Microsoft, et al. (Merits) Mountain States Legal Foundation (Merits) National Association of Consumer Advocates (Merits) [supporting Respondent] National Association of Manufacturers (Merits) Pacific Legal Foundation (Petition) Pacific Legal Foundation, et al. (Merits) Pfizer Inc. (Merits) Public Citizen (Merits) [supporting Respondent] ReclaimDemocracy.org (Merits) [supporting Respondent] Sierra Club, et al. (Merits) [supporting Respondent] States of California, Alaska, et al. (Merits) [supporting Respondent] The Thomas Jefferson Center for the Protection of Free Expression (Merits) Thirty-Two Leading Newspapers, Magazines, etc., et al. (Petition) Washington Legal Foundation (Petition) Washington Legal Foundation, et al. (Merits) News Stories & Commentary Eugene Volokh, WSJ op-ed, "Nike and the Free-Speech Knot" Nike settles commercial-speech case Supreme Court punts commercial-speech case Tony Mauro Analysis High court appears ready to side with Nike in free-speech dispute Justices get Nike out of their hair--for now Other Collins, Ronald & Skover, David, "Foreword, The Landmark Free-Speech Case That Wasn't: The Nike v. Kasky Story," 54 Case Western Reserve Law Review 965-1048 (2004) Goldstein, Thomas, "Nike v. Kasky and the Definition of 'Commercial Speech'" (Cato Supreme Court Review, 2002-2003) Kerr, Robert L., "From Sullivan to Nike: Will the Noble Purpose of the Landmark Free Speech Case be Subverted to Immunize False Advertising?," 9 Communication Law and Policy 525-566 (2004) Siebecker, Michael I., "Corporate Speech, Securities Regulation, and an Institutional Approach to the First Amendment," 48 William & Mary Law Review 613 (2006) Symposium, "Nike v. Kasky & The Modern Commercial Speech Doctrine," 54 Case Western Reserve Law Review 954-1299 (2004) (13 contributors) Terilli, Samuel A., "Nike v. Kasky & the Running-But-Going-Nowhere Commercial Speech Debate," 10 Communication Law and Policy 383-432 (2005)   Please Also See:   Free speech may prove costly for corporations  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications First Amendment Center history Glossary Freedom Sings™ Events First Amendment Schools Congressional Research Service reports Guest editorials FOI material The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links

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