Common questions

What was Nike vs Kasky about?

What was Nike vs Kasky about?

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.

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 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.

What does improvidently granted mean?

Dismissed as improvidently granted – the Writ of Certiorari is dismissed as improvidently granted, meaning the Court should not have accepted the case. Reversed in Part – part of the judgment of the lower court was reversed.

How do Nike treat their employees?

Nike employees continue to face poverty, harassment, dismissal and violent intimidation despite its pledge three years ago to improve conditions for the 500,000-strong global workforce. The minimum age would be raised to 18 for workers in Nike shoe factories and 16 those in for clothing factories.

What is the purpose of commercial speech?

It is economic in nature and usually attempts to persuade consumers to purchase the business’s product or service. The Supreme Court of the United States defines commercial speech as speech that “proposes a commercial transaction”.

How are commercial speech and political speech regulated differently?

CLASS. The First Amendment broadly prohibits the government from making laws that restrict freedom of speech. Political speech includes not just speech by the government or candidates for office, but also any discussion of social issues. Commercial speech, on the other hand, advertises a product or service for sale.

What does improvidence mean?

: not provident : not foreseeing and providing for the future.

What does affirm mean in an appeal case?

An appellate court can affirm the ruling that was the subject of the appeal. In doing so, the court agrees that the prior ruling was “valid and right and must stand as rendered below” Courts, administrative boards, and other similar bodies have used “affirm” to mean “approve”

How is Nike improving working conditions?

Nike also raised the minimum wage it paid workers, improved oversight of labor practices, and made sure factories had clean air. These admissions and changes helped public sentiment toward Nike turn more positive, Sehdev said. To this day, Nike continues to publish public reports of conditions in its factories.