In January 2003 the U.S. Supreme Court agreed to hear Nike’s appeal of the decision in Kasky v. Nike Inc. from the California Supreme Court. In particular, the U.S. Supreme Court agreed to rule on...

In January 2003 the U.S. Supreme Court agreed to hear Nike’s appeal of the decision in Kasky v. Nike Inc. from the California Supreme Court. In particular, the U.S. Supreme Court agreed to rule on whether Nike’s previous statements about the working conditions at its subcontracted, overseas plants were in fact “commercial speech” and, separately, whether a private individual (such as Kasky) has the right to sue on those grounds. Numerous amici briefs were filed on both sides. Supporters of Kasky included California, as well as 17 other states, Ralph Nader’s Public Citizen Organization, California’s AFL/CIO, and California’s attorney general. Nike’s friends of the court included the American Civil Liberties Union, the Business Roundtable, the U.S. Chamber of Commerce, other MNCs including Exxon/ Mobil and Microsoft, and the Bush administration (particularly on the grounds that it does not support private individuals acting as public censors).