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Nike, Inc. v. Kasky April 23, 2003 (02-575) return to case listing Case Summary Since the beginning of the 1990s, Petitioner Nike has been countering negative publicity about its overseas treatment of workers with press releases and letters to newspapers. After reading accounts of alleged employee abuse, Respondent filed a false advertising suit. He claimed that Nike misled consumers when it said that employees were not victims of abuse and that Nike followed government regulations on wages, hours, and health and safety conditions. The court, however, dismissed Respondent's claims and held that Nike's statements were in the form of a public debate and thereby protected by the First Amendment. The California Court of Appeals affirmed. The Supreme Court of California reversed and found that the First Amendment does not protect companies when they disseminate information about their own labor practices. The opinion of the Supreme Court of California is found at 45 P.3d 243, 119 Cal. Rptr.2d 296. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 9-0 to Reverse 9-0 to Reverse 9-0 to Reverse n/a Dismissed VOTING TO REVERSE Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Dismissed as improvidently granted. VOTING TO AFFIRM   return to case listing