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Constitutional Law

Jun. 6, 2002

Distinct Line Between Commercial And Noncommercial Speech Is Gone

Focus Column - By David Hopmann and Stephan E. Smith - On May 2, the California Supreme Court issued a decision, Kasky v. Nike, Inc., 2002 DJDAR 4757 (Cal. May 2, 2002), that affects the ability of businesses to respond publicly to critics of their business practices. The court held that businesses publicly responding to criticism may be subjected to lawsuits challenging the accuracy of their responses. The decision arguably narrows the First Amendment protections available to businesses when they speak on subjects of public concern.

        Focus Column
        
        By David Hopmann and Stephen E. Smith
        
        On May 2, the California Supreme Court issued a decision, Kasky v. Nike, Inc., 2002 DJDAR 4757 (Cal. May 2, 2002), that affects the ability o...

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