Our archive on the Supreme Court case in which Nike claimed that the 1st amendment immunized the company from lawsuits over an allegedly deceptive public relations campaign.
(and our responses to ACLU claims) The ACLU statement appears as published on ACLU.org (2003) Editor’s Note: While this statement was written by the ACLU’s Northern CA chapter, the national headquarters directed people to it as representing the national ACLU’s position on Kasky v. Nike. The ACLU statement is followed by our rebuttals to specific […]
Corporations make money by selling books and tests, while many more sell other things to children. The third way that schooling can be milked for profit is by letting corporations take over the management of the schools themselves, or even allowing them to own schools outright as they would a car dealership. Opportunities for such businesses have greatly expanded as a result of a movement simply to privatize education.
Following the Civil War, corporations rapidly completed the transformation from tools to serve the public to tools for consolidating wealth and power for their owners. The culmination of this power grab may have come in 1886, when a U.S. Supreme Court reporter created “corporate personhood.” Nike and the ACLU of Northern California argued that because the company’s PR was partially political debate and not purely commercial, it had the “right” to tell its story with full 1st Amendment protection and bore no legal duty to be truthful.