Nike Case Returns to Lower Courts

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NEW YORK Nike v. Kasky, which was being heard in the U.S. Supreme Court, was dismissed on a technicality today. The high court decided the case was not adequately advanced for its purposes and returned it to the lower courts, where it is likely to remain for some time.

The case has far-reaching implications for advertisers. If Nike had lost, it would have severely limited corporations’ abilities to defend themselves publicly. Corporations and advertising lobbyist groups, which were concerned about First Amendment freedom of speech issues, are now left in limbo.

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