Even though the parties have agreed to settle, the implications of this case remain, and the settlement in no way represents a conclusion to the issues inherent in the case. Nike v. Kasky raised the issue of a company's right to engage in public debate and the potential restraint of free speech.

The Arthur W. Page Society remains concerned that the California Supreme Court decision in the case could have a profound chilling effect on an open approach to corporate communications, and create an environment that fosters less transparency rather than more.

Because of the potential legal issues, corporate communications executives may be more inclined to structure their communications processes so as to avoid potential liability and less willing to engage in free flowing and open dialogue with stakeholder groups. As a result of this case, the public could be denied a full and frank debate on political and social issues of public interest given the potential consequences of even unintended mistakes.

The serious nature of this case is reflected in the filing of amicus briefs by news and media organizations (40 in total), and a variety of other organizations apart from the Page Society – ranging from the AFL-CIO to the U.S. Chamber of Commerce – seeking the overturning of the California decision. The interest of these organizations in the case shows the seriousness of the free speech implications of the case.