May 9, 2013 by Tamara Piety
The National Association of Manufacturers got a victory out of the D.C.Circuit against the National Labor Relations Board. Apparently, the NLRB’s rule requiring employers covered by the National Labor Relations Act to post a sign advising employees of their right to organize a union violates employers’ First Amendment rights. If this is right it would seem that all kinds of routine legal notices relating to the EEOC, fire safety, workplace safety under OSHA, etc. are also illegal. I have only skimmed the opinion but will say more on it later after I’ve had a chance to digest it. For those interested in the opinion you can access it here.
I am not terribly surprised. It is consistent with what I have been expecting in light of the commercial and corporate speech decisions of this Supreme Court and which I have discussed in “Brandishing the First Amendment” and in “Citizens United and the Threat to the Regulatory State.”