682
Breyer, J., dissenting
If permitted to stand, the state court's decision may well "chill" the exercise of free speech rights. See id., at 486; Fort Wayne Books, Inc. v. Indiana, 489 U. S. 46, 56 (1989). Continuation of this lawsuit itself means increased expense, and, if Nike loses, the results may include monetary liability (for "restitution") and injunctive relief (including possible corrective "counterspeech"). See, e. g., Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co., 20 Cal. 4th 163, 179, 973 P. 2d 527, 539 (1999); Consumers Union of U. S., Inc. v. Alta-Dena Certified Dairy, 4 Cal. App. 4th 963, 971-972, 6 Cal. Rptr. 2d 193, 197-198 (1992). The range of communications subject to such liability is broad; in this case, it includes a letter to the editor of The New York Times. The upshot is that commercial speakers doing business in California may hesitate to issue significant communications relevant to public debate because they fear potential lawsuits and legal liability. Cf. Gertz, supra, at 340 (warning that overly stringent liability for false or misleading speech can "lead to intolerable self-censorship"); Time, supra, at 389 ("Fear of large verdicts in damage suits for innocent or merely negligent misstatement, even fear of the expense involved in their defense, must inevitably cause publishers to 'steer . . . wider of the unlawful zone' ").
This concern is not purely theoretical. Nike says without contradiction that because of this lawsuit it has decided "to restrict severely all of its communications on social issues that could reach California consumers, including speech in national and international media." Brief for Petitioners 39. It adds that it has not released its annual Corporate Responsibility Report, has decided not to pursue a listing in the Dow Jones Sustainability Index, and has refused "dozens of invitations . . . to speak on corporate responsibility issues." Ibid. Numerous amici—including some who do not believe that Nike has fully and accurately explained its labor practices—argue that California's decision will "chill" speech and
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