Freedom of speech
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Freedom of speech is one of the most appreciated and valuable Constitutional rights of the citizens of this country. This right is also one that has gone through many changes that have been designed to not only benefit the greater society but also to strike a balance between differing factions of society. In more recent times, the United States Supreme Court has expanded the use of this right to commercial entities, calling this "commercial speech.". Commercial speech has been viewed as a limited right from its inception and has even been challenged in different cases. One case where the right of commercial speech was challenged was in Kasky v. Nike, Inc., 27 Cal.4th 939 (2002), where the issue was whether a commercial entity may use this right to disseminate misleading and deceptive information regarding its labor practices in other countries. According to the United States Supreme Court, commercial entities have "limited commercial speech" rights that receive Constitutional protection. This paper will analyze the Kasky v. Nike, Inc (hereafter Nike) case. First, there will be a discussion and analysis of the historical development of commercial speech. This will be followed by an examination of the majority view of the case as well as an analysis of the dissenting viewpoint. Finally, there will be a discussion on commercial speech analyzing the social benefits of limiting commercial speech. Creation of Freedom of Commercial Speech
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protection to deceptive and misleading information. Furthermore, the language affords no leniency. In other words, the majority sets aside all economic factors in its decision. It shows no toleration for a global employer to receive any protection for freedom of expression under the "commercial speech" definition.
In this case then, at least, deceptive information is unacceptable. The majority does not entertain any other options or choices. It firmly believes that society does not tolerate deceptive information regardless of who the disseminator is and what type of economic sanctions may society bear if the disseminator stops its operation. An example of this may be demonstrated in Bigelow, where the Supreme Court holds, "Regardless of particular label asserted by the stateùwhether it calls speech 'commercial' or 'commercial advertising' or 'solicitation'ùa court may not escape the task of assessing the First Amendment interest at stake and weighing it against the public interest allegedly served by the regulation" Id., at 826. The Court derives its conclusion based on what society is ready and willing to accept. If society is ready to ignore the facts and accept the misleading information for economic gain, it would have come
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Approximate Word count = 6078
Approximate Pages = 24 (250 words per page)
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