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The Kasky-Nike Threat to Corporate Social Reporting: Implementing a Standard of Optimal Truthful Disclosure as a Solution

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  • Hess, David
  • Dunfee, Thomas W.

Abstract

In the recent case of Nike v. Kasky both sides argued that their standard for distinguishing commercial speech from political speech would create the better policy for ensuring accurate and complete disclosure of social information by corporations. Using insights from information economics, we argue that neither standard will achieve the policy goal of optimal truthful disclosure. Instead, we argue that the appropriate standard is one of optimal truthful disclosure—balancing the value of speech against the costs of misinformation. Specifically, we argue that an SEC-sanctioned safe harbor available under a closely supervised system for social reporting will bring about optimal truthful disclosure. The scheme is intended to enhance stakeholder confidence in corporate social and political commentary, while at the same time encouraging corporations to provide accurate information in a fair playing field of public debate.

Suggested Citation

  • Hess, David & Dunfee, Thomas W., 2007. "The Kasky-Nike Threat to Corporate Social Reporting: Implementing a Standard of Optimal Truthful Disclosure as a Solution," Business Ethics Quarterly, Cambridge University Press, vol. 17(1), pages 5-32, January.
  • Handle: RePEc:cup:buetqu:v:17:y:2007:i:01:p:5-32_00
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    Citations

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    Cited by:

    1. Michał Jurek, 2014. "The genesis and evolution of CSR self-regulation with special refer-ence to the case of financial institutions," Working papers wpaper70, Financialisation, Economy, Society & Sustainable Development (FESSUD) Project.
    2. Sherwood, Charles, 2022. "A lie is a lie: the ethics of lying in business negotiations," LSE Research Online Documents on Economics 113331, London School of Economics and Political Science, LSE Library.
    3. Sebastian Utz, 2019. "Corporate scandals and the reliability of ESG assessments: evidence from an international sample," Review of Managerial Science, Springer, vol. 13(2), pages 483-511, April.
    4. Eenkhoorn, P. & Graafland, J.J., 2010. "Lying in Business : Insights from Hannah Arendt’s ‘Lying in Politics’," Other publications TiSEM 3227207d-c563-4afd-ae08-f, Tilburg University, School of Economics and Management.
    5. Xi, Dan & Wu, Yuze & Wang, Xue & Fu, Zhe, 2023. "Corporate social responsibility and excess perks," Journal of Empirical Finance, Elsevier, vol. 74(C).
    6. Jayati Sarkar & Subrata Sarkar, 2015. "Corporate Social Responsibility in India—An Effort to Bridge the Welfare Gap," Review of Market Integration, India Development Foundation, vol. 7(1), pages 1-36, April.
    7. Adaeze Okoye, 2009. "Theorising Corporate Social Responsibility as an Essentially Contested Concept: Is a Definition Necessary?," Journal of Business Ethics, Springer, vol. 89(4), pages 613-627, November.
    8. Simona Cosma & Rossella Leopizzi & Simone Pizzi & Mario Turco, 2021. "The stakeholder engagement in the European banks: Regulation versus governance. What changes after the NF directive?," Corporate Social Responsibility and Environmental Management, John Wiley & Sons, vol. 28(3), pages 1091-1103, May.
    9. Fabio Caputo & Rossella Leopizzi & Simone Pizzi & Virginia Milone, 2019. "The Non-Financial Reporting Harmonization in Europe: Evolutionary Pathways Related to the Transposition of the Directive 95/2014/EU within the Italian Context," Sustainability, MDPI, vol. 12(1), pages 1-13, December.
    10. Antonino Vaccaro & Alejo Sison, 2011. "Transparency in Business: The Perspective of Catholic Social Teaching and the “Caritas in Veritate”," Journal of Business Ethics, Springer, vol. 100(1), pages 17-27, March.
    11. Jayati Sarkar & Subrata Sarkar, 2015. "Corporate social responsibility in India - An Effort to bridge the welfare gap," Indira Gandhi Institute of Development Research, Mumbai Working Papers 2015-023, Indira Gandhi Institute of Development Research, Mumbai, India.
    12. Stefania Veltri & Francesco De Luca & Ho‐Tan‐Phat Phan, 2020. "Do investors value companies' mandatory nonfinancial risk disclosure? An empirical analysis of the Italian context after the EU Directive," Business Strategy and the Environment, Wiley Blackwell, vol. 29(6), pages 2226-2237, September.
    13. Carol A. Adams & Glen Whelan, 2009. "Conceptualising future change in corporate sustainability reporting," Accounting, Auditing & Accountability Journal, Emerald Group Publishing Limited, vol. 22(1), pages 118-143, January.
    14. João Neves & Antonino Vaccaro, 2013. "Corporate Transparency: A Perspective from Thomas Aquinas’ Summa Theologiae," Journal of Business Ethics, Springer, vol. 113(4), pages 639-648, April.
    15. Andrea Venturelli & Fabio Caputo & Simona Cosma & Rossella Leopizzi & Simone Pizzi, 2017. "Directive 2014/95/EU: Are Italian Companies Already Compliant?," Sustainability, MDPI, vol. 9(8), pages 1-19, August.
    16. Giorgio Mion & Cristian R. Loza Adaui, 2019. "Mandatory Nonfinancial Disclosure and Its Consequences on the Sustainability Reporting Quality of Italian and German Companies," Sustainability, MDPI, vol. 11(17), pages 1-28, August.
    17. Michela Cordazzo & Laura Bini & Giuseppe Marzo, 2020. "Does the EU Directive on non‐financial information influence the value relevance of ESG disclosure? Italian evidence," Business Strategy and the Environment, Wiley Blackwell, vol. 29(8), pages 3470-3483, December.

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