CASE Kasky

Need to write a case brief about “CASE  Kasky v. Nike Inc.27 Cal.4th 939 Case

The brief should include

1. Facts

2. Procedural History

3. Issues

4. Reasoning/Analysis



Case Brief: Kasky v. Nike Inc. 27 Cal.4th 939 (2002)

  1. Facts: Plaintiff Marc Kasky, a consumer activist, brought a false advertising suit against Nike Inc., alleging that Nike made false and misleading statements in its public relations campaigns regarding working conditions in its overseas factories.
  2. Procedural History: The case was originally filed in a California state court, but the case was removed to federal court where the district court granted Nike’s motion to dismiss. The Ninth Circuit Court of Appeals reversed the decision and remanded the case to the district court. The case was then appealed to the Supreme Court of California.
  3. Issues: The main issue in the case was whether Nike’s statements were commercial speech subject to the restrictions of false advertising law, or were they protected by the First Amendment as non-commercial speech.
  4. Reasoning/Analysis: The Supreme Court of California held that Nike’s statements were commercial speech subject to false advertising law. The Court found that Nike’s statements were “an integral part of a larger marketing plan to maintain and enhance the image and reputation” of the company. The Court rejected Nike’s argument that its statements were protected by the First Amendment as non-commercial speech, finding that the statements were made in the context of a commercial transaction.

Decision/Holding: The Supreme Court of California held that Nike’s statements were commercial speech subject to false advertising law and remanded the case to the district court for further proceedings.

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