Seattle University School of Law Digital Commons Faculty Scholarship 1-1-2004 The Landmark Free-Speech Case That Wasn't: The Nike v. Kasky Story David Skover Ronald Collins Follow this and additional works at: https://digitalcommons.law.seattleu.edu/faculty Part of the First Amendment Commons Recommended Citation David Skover and Ronald Collins, The Landmark Free-Speech Case That Wasn't: The Nike v. Kasky Story, 54 CASE W. RES. L. REV. 965 (2004). https://digitalcommons.law.seattleu.edu/faculty/594 This Article is brought to you for free and open access by Seattle University School of Law Digital Commons. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Seattle University School of Law Digital Commons. For more information, please contact
[email protected]. SYMPOSIU." NIKE V. KASKY AND THE MODERN COMMERCIAL SPEECH DOCTRINE FOREWORD THE LANDMARK FREE-SPEECH CASE THAT WASN'T: THE NIKE V. KASKY STORY* Ronald K.L. Collinstand David M. Skovertt A Term highlightedby constitutional rulings of lasting significancealso produced one monumental disappointment-adud.... --Thomas C. Goldstein' ©2004 Ronald K.L. Collins & David M. Skover. t Scholar, First Amendment Center, Arlington, Virginia. In the interest of full disclosure, I note that I was approached early on by Mr. Jim Carter, Vice President and General Counsel for Nike, to discuss the case with my colleague, Paul McMasters, while review was pending in the U.S. Supreme Court. I did not, however, request or accept any remuneration, and was not in- volved in the litigation of the case. In the course of that litigation, I spoke pro bono to several lawyers involved in the case, people like Walter Dellinger (representing Nike) and David Vladeck (supporting Kasky's position).