Judge: Michael Jordan ads are free speech

A federal judge today all but threw out Michael Jordan’s lawsuit against Jewel-Osco over a congratulatory ad it ran when he was inducted into the Basketball Hall of Fame three years ago.

Judge Gary Feinerman ruled that the ad, which appeared in a Sports Illustrated issue commemorating Jordan’s induction, was “noncommercial speech” protected by the First Amendment.

But he deferred a ruling on whether to toss the case until the parties submit detailed briefs next month.

The ad featured a pair of basketball shoes with the number 23 on the soles below the words “Jewel-Osco salutes #23 on his many accomplishments as we honor a fellow Chicagoan who was ‘just around the corner’ for so many years.”

The ad includes the Jewel-Osco logo and the grocery chain’s slogan “Good things are just around the corner.”

“The page does not propose any kind of commercial transaction,” Feinerman wrote, contrasting it with a 1993 General Motors television ad that compared Kareem Abdul Jabbar to an Oldsmobile.

“The reader would see the Jewel page for precisely what it is – a tribute by an established Chicago business to Chicago’s most accomplished athlete.

He also found that the use of Jewel’s slogan in the ad was “simply a play on words” and offered a hypothetical 2009 ad from then-Gov. Arnold Schwarzenegger.

“Congratulations to our Lakers for ‘terminating’ the Orlando Magic and bringing home yet another NBA title, and to Kobe Bryant for winning the Finals MVP. Let me join all Angelenos in saying that Kobe and the team will surely “be back” in the 2010 (season)!”

A Jewel-Osco spokesman issued a statement saying the company was “pleased” by the judge’s ruling.

“We continue to believe that we acted appropriately and that we will prevail in this matter,” said spokesman Mike Siemienas.

Jordan’s attorney, Fred Sperling, said “we disagree with the court’s ruling.”

“Jewel’s witnesses testified that Jewel used Michael’s identity in its ad to promote its goods and services. That is an admission that the ad was commercial speech.”

A lawsuit Jordan filed against Dominick’s Finer Foods, LLC after it ran an ad in the same Sports Illustrated issue saying the Hall-of-Famer was “a cut above” next to a $2 off “Rancher’s Reserve” steak coupon is pending in federal court.

sschmadeke@tribune.com

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Judge: Michael Jordan ads are free speech