In February 2003, Davis & Gilbert filed with the U.S. Supreme Court an amicus brief and lodging on behalf of the Association of National Advertisers, Inc (ANA), the American Advertising Federation (AAF) and the American Association of Advertising Agencies (AAAA) in the Nike v. Kasky First Amendment commercial speech case. The brief voices the advertising industry's concerns about the adverse impact the California Supreme Court's decision below, concerning commercial speech and California's false advertising statutes, could have on advertising. The lodging contains representative samples of the wide array of advertisements that could be affected by the Kasky decision. In June 2003, the U.S. Supreme Court dismissed the appeal on the grounds that the issue was not ready for appeal. Justices Breyer and O'Connor dissented, supporting the advertising industry's position on the immediacy of the threat to free speech the Kasky decision will have.

Supreme Court's "Non-Decision" and Nike's Settlement Likely To Have A Negative Impact on Corporate Speech For Foreseeable Future

Joseph J. Lewczak (jlewczak@dglaw.com)
Marc Rachman (mrachman@dglaw.com)

Nike Inc., et al, vs. Marc Kasky. Brief of Amici Curiae. The Association of National Advertising, Inc., The American Advertising Federation, And The American Association of Advertising Agencies in Support of Petitioners.

Howard J. Rubin (hrubin@dglaw.com)
Ronald R. Urbach (rurbach@dglaw.com)
Joseph J. Lewczak (jlewczak@dglaw.com)
Marc Rachman (mrachman@dglaw.com)

Nike Inc., et al, vs. Marc Kasky. Lodging For Brief of Amici Curiae. The Association of National Advertising, Inc., The American Advertising Federation, And The American Association of Advertising Agencies in Support of Petitioners.

Howard J. Rubin (hrubin@dglaw.com)
Ronald R. Urbach (rurbach@dglaw.com)
Joseph J. Lewczak (jlewczak@dglaw.com)
Marc Rachman (mrachman@dglaw.com)