An interesting legal conundrum. When Nike was accused of running sweatshops in Asia, it responded with press releases and ads claiming that it did not. Marc Kasky filed a case saying that Nike was advertising unfairly, and won. Now corporates are raising the question of whether corporate statements are free speech, and can be similarly protected.
Corporate statements and free speech
This legal conundrum explores whether corporate PR responses to public criticism, specifically Nike's response to sweatshop allegations, should be classified as commercial advertising or protected free speech under the First Amendment.