In the 2003 US Supreme Court decision, Nike vs. Kasky, a labor activist named Marc Kasky sued Nike for allegedly sending brochures to potential customers containing false information about Nike's labor practices (for example, claiming Third World factory workers were paid twice the minimum wage, when in reality, some of Nike's Third World factory workers were paid less than the minimum wage). Nike asked the Supreme Court to throw the case out of court without a trial, on the grounds that Nike's free-speech would be chilled if the case went forward. In a decision which pleased some consumer rights activists, the Supreme Court ruled that opponents of Nike can have their day in court. Nike proceeded to reach an out-of-court settlement before the case could be tried on the facts-at-issue.
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