Boundary Issues

This quote from Justice Janice Rogers Brown's dissent in the Kasky v. Nike, Inc. case (PDF)—under review and argued last week before the U.S. Supreme Court; see SCOTUSBlog and How Appealing for comprehensive round-ups of the commentary—just caught my eye in a Daily Journal article:

[T]he commercial speech doctrine, in its current form, fails to account for the realities of the modern world—a world in which personal, political, and commercial arenas no longer have sharply defined boundaries.

Google's 6,000 hits for "cause marketing" and 85,000 for "social marketing," as well as many of the ideas in Gonzo Marketing, would seem to lend further support to Justice Brown's boundary blurring premise. The majority and two dissenting opinions in this case are well worth your time—and not just because you may be hungry for judicial references to Hogwarts.