California Case Against Nike may Proceed
A consumer activist, Marc Kasky, brought a lawsuit against Nike Inc. in which he argued that Nike lied to the public when it denied in paid advertising that their overseas factories were sweatshops. Kasky charges that this public denial violates California law against false advertising and unfair trade practices.
What is astounding about the defense, is that Nike is not attempting to deny the sweatshop claims. Instead, they argued that the corporation has the same free speech rights as individuals. They argue that their assertion about their factory conditions is not an advertisement, and is instead protected political speech, and therefore its claims do not have to be factual.
The California Supreme Court last year rejected, 4-3, Nike's arguments. California Justice Joyce Kennard wrote, "When a corporation, to maintain and increase its sales and profits, makes public statements defending labor practices and working conditions at factories where its products are made, those public statements are commercial speech that may be regulated to prevent consumer deception."
Nike then appealed the case to the U.S. Supreme Court, where it upheld the California ruling. Kasky's case against Nike may proceed.
The implications that a corporation has free speech rights when marketing and selling their products is absolutely outrageous.
Keep tabs on this and other labor issues at Sweatshop Watch or the Garment Worker Center.
(Taken from this article at SFGate.com)
What is astounding about the defense, is that Nike is not attempting to deny the sweatshop claims. Instead, they argued that the corporation has the same free speech rights as individuals. They argue that their assertion about their factory conditions is not an advertisement, and is instead protected political speech, and therefore its claims do not have to be factual.
The California Supreme Court last year rejected, 4-3, Nike's arguments. California Justice Joyce Kennard wrote, "When a corporation, to maintain and increase its sales and profits, makes public statements defending labor practices and working conditions at factories where its products are made, those public statements are commercial speech that may be regulated to prevent consumer deception."
Nike then appealed the case to the U.S. Supreme Court, where it upheld the California ruling. Kasky's case against Nike may proceed.
The implications that a corporation has free speech rights when marketing and selling their products is absolutely outrageous.
Keep tabs on this and other labor issues at Sweatshop Watch or the Garment Worker Center.
(Taken from this article at SFGate.com)





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