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Full-Text Articles in Labor and Employment Law
Robust Public Debate: Realizing Free Speech In Workplace Representation Elections, Kate Andrias
Robust Public Debate: Realizing Free Speech In Workplace Representation Elections, Kate Andrias
Faculty Scholarship
The First Amendment stands as a guarantor of political freedom and as the “guardian of our democracy.” It seeks to expand the vitality of public discourse in order to enable Americans to become aware of the issues before them and to pursue their ends fully and freely. As the Supreme Court wrote in the canonical case of New York Times Co. v . Sullivan, the First Amendment’s function is to create the “uninhibited, robust and wide-open” public debate necessary for the exercise of self-governance.
The Amendment plays a prominent role in the regulation of workplace representation elections, the process …