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Subject: 
Re: Free Speech, again
Newsgroups: 
lugnet.off-topic.debate
Date: 
Wed, 23 Apr 2003 21:08:25 GMT
Viewed: 
1657 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 (...) (24 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 (...) (24 years ago, 23-Apr-03, to lugnet.off-topic.debate)

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