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Commercial Speech is Free Speech

The Center for the Advancement of Capitalism has filed an amicus brief in support of Nike’s petition to the Supreme Court to hear an appeal for a recent California Supreme Court decision. Nike was accused by Left-wing organizations of running “sweat shops”, i.e., shops that provide jobs in third world countries which pay more than other local jobs in that country (that is why people in those countries go after them!). Under the assumption that the People’s Republic of California was an actual state in America operating under the rule of law, Nike decided to defend itself in the media–and was sued by the Lefties who defamed it for false advertising and unfair trade practices!

Being Lefties themselves, and totally ignorant of the concept of individual rights (which applies to individuals who work in corporations too), the California Supreme Court rules that Nike’s advertising is not protected under the First Amendment, because it is “commercial speech.” However, the advertising by the folks who hate Nike is protected, because it is “political speech.”

In an amicus curiae to the US Supreme Court on Nike vs. Kasky, the Center asked the court to end the distinction between political and economic speech that squelches a businessman’s right to speak before the public. In a world full of crosses, the Center’s work definitely merits a dollar. Read the Center’s Brief (PDF 221K)

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