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dealing with whether free speech protections extend to corporate advertising.The action is not a ruling on the merits of Nike's claims, but it apparently means a California antiglobalization activist can continue a lawsuit against the company. Nike had argued that private individuals cannot use the courts to police what companies say about themselves.Six justices agreed to dismiss the case, and three said they would have ruled on it.At issue in the death penalty case was defense lawyers' constitutional duty to look into a client's past in hope of turning up something that could sway jurors against imposing a death sentence.Such potentially mitigating evidence usually comes into play after conviction, during the separate sentencing phase of a capital trial.
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