Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in First Amendment
Secondary Consumer Picketing: The First Amendment Questions Remain, Curtis L. Mack, Risa L. Lieberwitz
Secondary Consumer Picketing: The First Amendment Questions Remain, Curtis L. Mack, Risa L. Lieberwitz
Mercer Law Review
The United States Supreme Court has been faced many times with the question of the constitutionality of governmental restrictions on picketing in light of the first amendment protection of free speech. In these decisions, the Court has applied various approaches and tests in an effort to resolve the tension between governmental interests in controlling picketing and individual rights of expression consistent with the first amendment. The Court has confronted these issues particularly in the area of secondary consumer picketing, which is regulated by section 8(b)(4)(ii)(B) of the National Labor Relations Act, as amended. These issues surfaced first in 1957 with …
The Threat Or The Announcement Of Plant Closure?, H. Thomas Arthur
The Threat Or The Announcement Of Plant Closure?, H. Thomas Arthur
Mercer Law Review
The limits on an employer's free speech rights during a union representation campaign were established by the Supreme Court in NLRB v. Gissel Packing Co. But the proper interpretation of Gissel first requires an understanding of the limitations on employers' property rights set out by the Court in Textile Workers Union v. Darlington Manufacturing Co. A proper understanding of Darlington leads to the conclusion that the National Labor Relations Board (Board) and the circuit courts have been incorrectly applying the limits on an employer's first amendment right of free speech. The effect of the misapplication in the context …
Nlrb Campaign Laboratory Conditions Doctrine And Free Speech Revisited, James W. Wimberly Jr., Martin H. Steckel
Nlrb Campaign Laboratory Conditions Doctrine And Free Speech Revisited, James W. Wimberly Jr., Martin H. Steckel
Mercer Law Review
The subject of free speech in union organizing campaigns has generated a great deal of discussion and comment over the years. This subject is naturally popular because of the intensity of a union organizing campaign, the importance of the subject to industry and organized labor, the evolution of constitutional and statutory doctrines applicable to free speech, and the shifts in opinion by commentators and the public over how such matters should be handled. This article will make no attempt to summarize or analyze what has already been said on the subject. Instead, this article will examine one aspect of National …
Labor Law - Secondary Picketing - Buy Local Campaign At A Netural Business Violates Section 8(B)(4) Of The National Labor Relations Act, W. James Mckay
Labor Law - Secondary Picketing - Buy Local Campaign At A Netural Business Violates Section 8(B)(4) Of The National Labor Relations Act, W. James Mckay
Villanova Law Review
No abstract provided.