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Supreme Court Takes Nike Free Speech Case

MacAndrew writes "The Supreme Court has granted review in a case previously discussed here that could lead to a landmark decision regarding "commercial speech." The California Supreme Court had ruled that Nike's statements denying the use of sweatshop labor in Asia could be challenged under the state's strict truth in advertising laws, under which truth is not a defense if a statement's context is deemed misleading, First Amendment notwithstanding. The California court essentially rejected Nike's claim to heightened political speech protection -- which would have allowed the company to raise defenses of truth and due care -- reasoning that Nike's statements were calculated to induce product purchases and thus commercial speech. The U.S. Supreme Court's consideration of this case provides a clear opportunity to reconsider the controversial political-commercial speech dichotomy in constitutional law. It is essential to bear in mind the question at this point is not whether Nike did anything wrong, rather to determine the standards by which it will be judged. The commercial speech question relates to many, many topics discussed here, such as telemarketer DNC lists, telecom disclosure of customer calling data, spam, spam, and spam."

8 of 354 comments (clear)

  1. OH yeah? Define sweatshop! by BitGeek · · Score: 1, Flamebait


    Sorry, I jsut got to say it, you're a fucking idiot.

    What's the legal definition of "sweatshop"?

    Cause its a slur, its meaningless, and saying they don't havge htem is not a lie-- after all, what they have are factories.

    Fucking anti-american, anti-bill of rights socialists. You guys make me sick.

    You'd rather those poor people starved to death than make products for nike, and that's just sick.

    --
    Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
  2. Re:Support the Bill of Rights! by BitGeek · · Score: 1, Flamebait


    First off, I'm not a conservative.

    Secondly, liberals sure do goose step down the roads in sync, so it doesn't need to be a conspiracy, just consistency.

    Thirdly, are you aware of california politics over the last 30 years?

    --
    Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
  3. Re:Commercial Speech by BitGeek · · Score: 1, Flamebait


    Yes, typical for first ammendment "Fanatics" you really actually OPPOSE the first ammendment.

    You really should try reading it sometime-- it says NOTHING about corporations, or about individuals, it talks about congress.

    Is it really too much to ask you people to read the damn thing?

    It applies to gorillas, corporations, coops, cabals, clubs, individuals, and sentient computers. There is no distinctio nin there.

    Oh, and this idea that the founding fathers wanted corporations to serve the prublic good is bullshit-- more liberal lies about the past.

    You probably think the second ammendment only applies ot the national guard (which came into being 109 years AFTER it was written) don't you?

    This position of yours has a name-- its called "Anti human rights".

    And its not surprising to see americans who oppose the first ammendment, such as yourself.

    --
    Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
  4. Re:Support the Bill of Rights! by BitGeek · · Score: 1, Flamebait


    Typical liberal liar.

    Notice how you said "Forced child labor" and "slave labor".

    Which is a lie.

    AS to economics, the past 100 years has shown steady progtress in debunking the marxism you put forth.

    Environmentalism is another thing on which science is very clear-- and it is the liberal idiots who ignore the science.

    --
    Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
  5. Re:Support the Bill of Rights! by BitGeek · · Score: 1, Flamebait


    Yes, you are yet more example that hte socialism that the liberals want to put forth on this country has as its primary ally the "opposition" of republcians who want the same thing.

    Funny how your description of sweatshops disagrees with the definition YOU provided.

    After all, in these places these are HIGH wages, not low wages."

    And you're idea that coroproations are a shield to defend illegal activiity is pathetically socialist. Hell, bet you've never voted republican in your life.

    IF you don't know the purpose of corporations, you aren't competant to comment on the subject. But then, that puts you square in the mainstream.

    --
    Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
  6. Re:As I sit here with Nike's on my feet... by BitGeek · · Score: 1, Flamebait


    I don't need luck. I have the facts on my side.

    Just look at the Nobel prize for last year- it was given to a CATO associate.

    Look at most of the recent nobel prizes.

    Market economics is proving itself every year, and your socialist ideology is even more discredited every year.

    You WOULD rather they starve-- as people do in every socialist environment-- than work in a factory you wouldn't work in.

    And that's hypocritical, and sad.

    --
    Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
  7. Re:Sheesh! Give It a Break... by BitGeek · · Score: 1, Flamebait


    Ah, except that I DIDN'T lump you in-- I just spoke about the people I oppose.

    YOu are the one who assumed you belonged to that class.

    But now that you say it, you're probably right.

    Funny that you noticed your own insecurity more than the words I actually used.

    --
    Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
  8. Stop treating corporations like citizens by Jah-Wren+Ryel · · Score: 1, Flamebait

    The sooner we stop treating corporations like full-fledged citizens with all of the rights but none of the responsibilities there-un, the sooner this country can start to reverse the problems like campaign-funding (bribes) that excessive corpratism has lead to.

    Either corporations get treated like second-class (or third-class) citizens with respect to their "rights" or they have to start facing serious punishments like the death penalty (forced corporate disolution in cases where the "corporation" was directly responsible for human death).

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    When information is power, privacy is freedom.