Document Type

Article

Comments

Labor Law and Free Speech: The Curious Policy of Limited Expression, 43 Maryland Law Review 4 (1984)

Abstract

Labor relations is the one area of law in which the policies of the
first amendment have been consistently ignored, reduced, and held to be
outweighed by other interests. A "policy of limited expression" has been
applied to pure speech and symbolic speech, to consumer picketing and
employee boycotts, to political action and to the organizational activities
of both labor and management.' It has been woodenly applied by
the National Labor Relations Board (Board), routinely enforced by the
courts of appeals, and given its major impetus by the Supreme Court in
a series of opinions notable for their failure to explain, rationalize, distinguish,
or articulate useful standards.' The approach taken in labor
cases is in marked contrast to the Court's traditional commitment to
freedom of expression, to its recent decisions expanding the constitutional
protection given to commercial speech, and to its recent
landmark decision, NAACP v. Claiborne Hardware Co .,6 finding political
boycotts to be constitutionally protected when undertaken for the cause
of racial equality.

Date of Authorship for this Version

1984

Keywords

labor relations, speech