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Nike Denied First Amendment Defense

Several people have written in about an interesting decision handed down by the California Supreme Court. Nike, which has been repeatedly criticized for sweatshop practices in its contractors' factories, has made a variety of statements to the press contradicting these allegations (although in general, third-party examinations find them to be substantiated). A lawsuit was filed, charging the company with deceptive advertising under California law, and Nike was accused of trying to greenwash its image. Nike claimed that the First Amendment prevented it from being sued for these statements. The first courts to look at the case agreed with Nike; the California Supreme Court agreed with the plaintiffs and allowed the suit to proceed. (See also Nike's press release.) There are all sorts of interesting issues raised concerning corporate and commercial speech, the protection it has/ought to have, etc. There's a law.com article that goes a little more into the legal issues.

2 of 371 comments (clear)

  1. Heh.. by Dragonshed · · Score: 0, Offtopic

    Nike shoes suck anyways. Dr. Martins all the way :p

  2. Re:Alternatives to sweatshops: by adam613 · · Score: 0, Offtopic

    What's even better about New Balance is that they make damn good sneakers.

    But their website is 0wned by M$. When I go there in Konqueror or Opera (which identifies itself as IE 5), it says the site isn't compatible with my browser and links me to IE or Netscape for Windoze.