SYMPOSIUM:
Nike v. Kasky and the Modern Commercial Speech Doctrine
Foreword:
The Landmark Free-Speech Case that Wasn't:
The Nike v. Kasky Story
Ronald K.L. Collins
Scholar, First Amendment Center, Arlington, Virginia.
In the interest of full disclosure, I note that I was approached early on by
Mr. Jim Carter, Vice President and General Counsel for Nike, to discuss the
case with my colleague, Paul McMasters, while review was pending in the U.S.
Supreme Court. I did not, however, request or accept any remuneration, and was
not involved in the litigation of the case. In the course of that litigation,
I spoke pro bono to several lawyers involved in the case, people like Walter
Dellinger (representing Nike) and David Vladeck (supporting Kasky's position).
David M. Skover
Professor, Seattle University School of Law.
©2004 Ronald K.L. Collins & David M. Skover.
Originally published in the Case Western Reserve Law Review, June 2004, Vol.
54 No. 4, pp. 965-1047.