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From Nike v. Kasky to Martha Stewart: first amendment protection for corporate speakers' denials of public criminal allegations.


I. INTRODUCTION

Richard Epstein one time said that "[i]t is difficult to conceive of a defense of freedom of articulate utterance so pure as to countenance securities fraud.... (1) The regulation of false or misleading statements of material fact beneath the securities laws, (2) like other regulations of false or misleading commercial articulate utterance has been upheld under First Amendment analysis, despite the fact that like regulations necessarily curtail speech. (3) This rubric is problematic, however, when applied to certain marks of corporate speech that have become prevalent in today's climate of overlapping legal, political, social, economic, and popular agriculture

In ...


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