CHAPTER 10Protecting Corporate Liars

With yearly revenues of over $9 billion, NIKE has the resources to spread their corporate message far and wide. Do they also have the Constitutionally protected right to distort or misrepresent the truth for commercial gain?

Corporations are not people, and the First Amendment should account for their unique motivation: sales.

—Congressman Dennis Kucinich, writing about the Supreme Court case Kasky v. Nike1

THE FIRST DIRECT SHOT ACROSS THE BOW OF THE DOCTRINE OF A CORPORAtion’s “right to lie” by using its “personhood” to claim First Amendment “free speech” rights came in April 1998, when Mark Kasky, a California political activist, noticed that Nike was engaged in what he considered to be a deceptive greenwashing ...

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