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The focal point of the lawsuit is Nike communications were commercial speech. Nike did not require to meet standards of truth and honesty enforced in California law. Nike was not entitled to difference that would be given under the First Amendment. Nike Inc., agreed to pay $1.5 million to settle a lawsuit brought by Marc Kasky accusing it of that false and misleading product information. California Supreme Court accepted the case and majority created definition of commercial speech and applied it to Nike’s messages. Speeches in the commercials have to come from a business, be intended for an audience of consumers and make representations of facts related to products...
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