What was the issue of Nike v Kasky?

What was the issue of Nike v Kasky?

Facts of the case Kasky alleged that Nike made “false statements and/or material omissions of fact” concerning the working conditions under which its products are manufactured. Nike filed a demurrer, contending that Kasky’s suit was absolutely barred by the First Amendment.

Who won the Nike vs Kasky case?

Nike claimed that the statements were noncommercial speech on matters of public concern and thus were constitutionally protected. Nike prevailed in trial court and in the California Court of Appeals. However, the California Supreme Court reversed the lower courts in its 4-3 decision in Kasky v. Nike, Inc.

What is the Central Hudson test for commercial speech?

The “Central Hudson” test asks: (1) whether the speech at issue concerns lawful activity and is not misleading; (2) whether the asserted government interest is substantial; and, if so, (3) whether the regulation directly advances the governmental interest asserted; and.

What is commercial free speech?

Commercial speech is a form of protected communication under the First Amendment, but it does not receive as much free speech protection as forms of noncommercial speech, such as political speech. Chrestensen (1942), had historically not been viewed as protected under the First Amendment.

Why did kasky sue Nike?

Kasky v. Kasky filed a lawsuit in California regarding newspaper advertisements and several letters Nike distributed in response to criticisms of labor conditions in its factories. Kasky claimed that the company made representations that constituted false advertising.

What is the most protected speech?

Political speech, being the most protected form of speech under the First Amendment, warrants the highest level of scrutiny against the laws that regulate it.

What is the main difference between the strict scrutiny test and the Central Hudson test?

The Central Hudson test is a form of intermediate scrutiny, as the government only has to put forth a substantial governmental interest, rather than a compelling governmental interest as in a strict scrutiny analysis.

Is commercial speech more protected than political speech?

Commercial speech—generally, speech that merely proposes a commercial transaction or relates solely to the speaker’s and the audience’s economic interests—has historically received less First Amendment protection than political speech.

What commercial speech is not protected?

Which types of speech are not protected by the First Amendment?

• Obscenity.
• Fighting words.
• Defamation (including libel and slander)
• Child pornography.
• Perjury.
• Blackmail.
• Incitement to imminent lawless action.
• True threats.

What is kasky vs Nike?

Marc Kasky (born 1944) is a consumer activist best known for bringing a lawsuit against Nike Inc. in 1998 under a California law against false advertising and unfair competition for their advertising claims about treatment of Chinese, Indonesian and Vietnamese workers at company subcontractors.