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CASE 11-3 TURN A CHEEK
second amendment.)
a. Each student will write a different position paper on why the Nike reply should be
viewed under the first amendment.
viewed under the fifth amendment.
Note: In June 2003, the United States Supreme Court declined to hear the case on
procedural grounds.
30, 2003.
In September 2003, Nike settled with California activist Marc Kasky in a deal that
obliges Nike to pay $1.5 million during the next three years to a Washington worker–
rights group. The money will be used “to promote workers’ education, increase training,
“Clouding the muddy-free speech waters is the acknowledgement from justices in both
California and federal courts that Nike’s campaign contained elements of commercial
and noncommercial speech.”