Leave a comment

May 9, 2013 by Tamara Piety

Book Cover - Brandishing the First AmendmentThe 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.”


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: