Thursday, April 24, 2003

I'm following the Nike case today:
A question of unintended consequences. If the definition of of commercial speech is expanded, how will that affect future debate. Reading the ACLU's Amicus brief PDF. Should an employee of a corporation have less protection than an individual opposing the company's policy? What is the definition of official capacity'? Can an employee make his/her opinions known publicly without it being assumed to be acting as an employee. If I agree with my company's policy, is it to be assumed that I can not be doing so by choice? We should not be in the position of arguing that people have no independence. The courts should not be in the position of apologizing for the passivity of the population.

Question: If I open a business making and selling T shirts that say 'Fuck the War" and I place an advertisement in the National Review, how many kinds of speech am I engaged in?

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