Decisions
The Court dismissed the grant of certiorari, believing that it should not have agreed to hear the case in the first place because the case had not been fully adjudicated in the California courts. When the case was first filed in a California trial court, Nike argued that there was no reason to litigate because the First Amendment protected Nike from Kasky’s allegations and the trial court judge agreed. The issue in the California courts has been whether the trial judge was correct to bar the case based on the First Amendment. The California Supreme Court argued that the trial judge was incorrect and that the case should at least be litigated in the trial courts.