If Nike Defends Itself, Is That a Commercial? ; Wednesday, the High Court Tackles Parameters of Free Speech, in a Decision That May Determine How Companies Rebut Criticism

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For years, Nike Inc. has been under pressure for the labor practices of its contractors in developing countries. Now, the world's largest athletic-footwear company - known for its swoosh icon and high-priced pitchmen - has gone to the Supreme Court to argue for its right to free speech.

The case, to be heard Wednesday, centers on Nike's ability to participate in public debate over its foreign business operations - which critics call dangerous and immoral - without being held liable for any false or misleading statements. The question is whether Nike is engaging in commercial speech, which is subject to civil charges if found to be false, or political speech, which enjoys …