![]() COMMERCIAL SPEECH CENTRAL HUDSON TEST QUIZLET FREEIn Kasky, the California Supreme Court sought to determine "whether defendant corporation's false statements are commercial or noncommercial speech for purposes of constitutional free speech analysis under the state and federal Constitutions." The court stated that the United States Supreme Court has not adopted an "all-purpose test to distinguish commercial from non-commercial speech." It held that "when a court must decide whether particular speech may be subjected to laws aimed at preventing false advertising or other forms of commercial deception, categorizing a particular statement as commercial or noncommercial speech requires consideration of three elements: the speaker, the intended audience, and the content of the message." In Nike's case, the court concluded that the Nike corporation was the speaker, Nike's potential customers were the audience, and a gain in future sales was the content of the message. However, the California Supreme Court, held that the speech in question was not protected. The court stated that this issue was a matter of public debate rather than traditional advertising covered by commercial speech law. The lower courts ruled in Nike's favor and rejected Kasky's argument. Kasky, a private citizen, utilized broad California consumer protection statues seeking to stop Nike from making alleged false and/or misleading statements in defense of its operations. The lawsuit centered on Nike's response to a number of unfavorable media reports concerning labor conditions within the company's Asian operations. 2002) served as the forum for the court's change. The new California test includes consideration of the speaker, the intended audience, and the content of the message. In May 2002, the California Supreme Court shocked the legal realm when it departed from Bolger and Central Hudson - the established tests for commercial speech - and developed its own 'limited-purpose - commercial speech test. ![]()
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