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Subject: 
Re: Free Speech, again
Newsgroups: 
lugnet.off-topic.debate
Date: 
Wed, 23 Apr 2003 21:08:25 GMT
Viewed: 
348 times
  
In lugnet.off-topic.debate, Frank Filz writes:
Larry Pieniazek wrote:

In lugnet.off-topic.debate, Larry Pieniazek writes:
In lugnet.off-topic.debate, Dave Schuler writes:
http://www.cnn.com/2003/LAW/04/23/scotus.free.speech.ap/index.html

Nike is within is rights to run ads to influence public opinion as long as
they are not slanderous or libelous. In fact, in this case, NOT doing so is
doing its owners a disservice.

Note that the cited article doesn't say what exactly the original suit is
about, exactly. If Nike was lying about conditions in factories, there may
well be grounds for a libel suit there if you can just find the party libeled.

Or a fraudulent advertising suit, for that matter.

Free speech does not convey on individuals the right to lie, nor should it
convey that right to corporations.

If Nike was in fact lying about matters of fact, and not just stating
opinion, their use of free speech as a defense is not good.

As I understand the suit, it was asserting that Nike was lying and thus
the claim of "false advertising". Clearly this is central to the issue.
If they are indeed stating a falsehood and not simply an opinion, then
they should be slammed. If they were truly stating an opinion, then they
should be free to say whatever it is that they said.

   But I don't accept that a corporation has an opinion, nor can any
executive of that company have a pure opinion regarding the company.
Everything, in effect, must be taken as an effort to serve the bottom line,
since that's the whole purpose of a corporation.  As such, any material
distributed externally by the corporation--and relating to the
corporation--becomes a form of sales literature.  I know that financial
entities are required to work that way, for example.

     Dave!



Message has 1 Reply:
  Re: Free Speech, again
 
(...) Suppose you were right... So what? This case isn't about free speech the way I read it. It's about false advertising. If it would be wrong for you as a person to deny you owned a sweatshop when actually you did, it owuld be wrong for Nike to (...) (21 years ago, 23-Apr-03, to lugnet.off-topic.debate)

Message is in Reply To:
  Re: Free Speech, again
 
(...) As I understand the suit, it was asserting that Nike was lying and thus the claim of "false advertising". Clearly this is central to the issue. If they are indeed stating a falsehood and not simply an opinion, then they should be slammed. If (...) (21 years ago, 23-Apr-03, to lugnet.off-topic.debate)

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