A California law that enforced the Orwellian principle of “union neutrality,” which in effect denied employers the right of free speech to counter union organizing efforts, has been struck down in a 7 to 2 decision by the U. S. Supreme Court. The law (it’s amazing that such a law could even have been passed!) limited what employers could say in the workplace about ongoing union organizing efforts.
The case was brought to the Supreme Cout by the U S Chamber of Commerce, and the Court rightly ruled that the law limits employer free speech and so runs afoul of the First Amendment’s guarantee of the right of free speech.
Justice John Paul Stevens, whom many consider to be a friend of organized labor, nevertheless wrote for the majority that employers have the right to engage in a “free debate on issues dividing labor and management.” He further stated that Congress had expressly wanted such free speech to be intact when it passed the National Labor Relations Act.
Organized labor has long lobbied state legislatures to pass laws that would prevent employers from being able to voice their disagreements with unions during organizing campaigns. The Supreme Court’s thoughtful and constitutionally correct opinion preserves an American tradition of free speech that is an essential and fundamental aspect of our Constitution.
Corporate America, workers, and consumers all benefit when the free expression of ideas in the marketplace is permitted to thrive. And employees should have every right to receive information from their employers.
