News for Immediate Release June 26, 2003

Lee Drutman, Citizen Works, 202-265-6164

Michael Oswalt, Rep. Dennis Kucinich's office, 202-225-5871

Carl Mayer, co-author of the amicus brief submitted to the Supreme Court on behalf of ReclaimDemocracy.org. 609-921-0253, 609-462-7979 (cell)

Supreme Court Ruling Gives Public a Chance to Learn the Truth

Today's U.S. Supreme Court ruling to dismiss Nike v. Kasky (02-575) and allow the case to go to trial in California is a victory for democracy and the truth. It also marks a notable sidestep after five decades of Court decisions granting more legal power to corporations.

Nike was sued by Marc Kasky under California consumer protection laws for allegedly spreading false information, but Nike challenged the state law, claiming immunity under the First Amendment. The California Supreme Court rejected Nike's claim. Today, the U.S. Supreme Court dismissed Nike's appeal of that ruling on technical grounds. The one-sentence ruling stated, "The writ of certiorari is dismissed as improvidently granted," meaning the Court erred by granting Nike's appeal prematurely. Apparently, the Court still could review the case if Nike is convicted in California.

"It's a relief to hear that the Court is not prepared to consider even more extreme judicial activism on behalf of corporate America and against U.S. Citizens by creating a corporate right to lie," said Jeff Milchen, Director of ReclaimDemocracy.org. "Law abiding businesses should be pleased as well. If business hopes to regain the dwindling trust of citizens, demanding a right to lie is hardly the way to do it."

"Today is a victory for consumer protection, corporate accountability, and the integrity of the US Constitution," said Rep. Dennis Kucinich, who was one of four U.S. Representatives to support an amicus brief for Marc Kasky. "We must continue to vigilantly protect against corporations that attempt to abuse fundamental Constitutional rights intended to protect the rights of real people, not corporations."

Carl Mayer, contributor to an amicus brief for ReclaimDemocracy.org said, "Today's decision is an important victory for workers, consumers, and shareholders. The truth won and Nike lost in its bid to have the Supreme Court protect it from the obligation to tell the truth about deplorable conditions in global sweatshop factories."

"We applaud the Court for refusing to take on the merits of Nike's attempt to use the Constitution to block truth-in-advertising laws," said Charlie Cray, director of Citizen Works' Campaign for Corporate Reform. "Corporations should not be allowed to use spurious claims to Constitutional rights to circumvent consumer protection laws."

For today's opinion, dissent and comprehensive information on the case, see ReclaimDemocracy.org/nike

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