Media allegations are made towards Nike, Inc., in which its overseas labor practices were unfair. Nike, Inc. launches a campaign involving press releases, letters to editors and university presidents, and newspaper advertisements in order to refute the allegations. California resident Mark Kasky sues Nike, Inc. for false advertising. Nike argues that their campaign is protected under the First Amendment as noncommercial speech.
Was Nike was engaged in commercial or non-commercial speech
The First Amendment reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances..
The speaker is Nike, Inc. and the intended audience is actual or potential buyers. The speech was commercial in nature because the speakers are engaged in commerce and the intended audience consisted mainly of buyers of its products, and thus, is subject to California's false advertising law.