Reference no: EM133019258
CASE - Free Speech or False Advertising?
Discussion Questions
1. In this Case, was Nike engaged in commercial speech, or were its statements political or social speech? What determines whether speech is commercial or not?
2. Was the out-of-court settlement a reasonable resolution of this case? What would have been the good or bad consequences of the Supreme Court's deciding in Nike's favor? Of its deciding in Kasky's favor?
3. Should commercial speech receive less First Amendment protection than other types of speech, or does this violate the rights of corporations? Explain your answer.
4. Do corporations have the same moral rights as individual human beings? Should they have the same political rights? Is it morally permissible to limit the speech of corporations in ways that would be wrong if applied to the speech of individual citi¬zens? If it is permissible, is it good public policy?
5. Does Nike have a social responsibility to address matters of public concern such as the working conditions in its overseas oper¬ation? If it chooses to do so, does it have an obligation to make its statements as truthful and accurate as it can? Under what circum¬stances should corporations be held liable for the truth of their public statements?