Hudgens V Labar Case Study
HUDGENS V NATIONAL LABOR RELATIONS BOARD
FREEDOM OF EXPRESSION AND PUBLIC PROPERTY
AUGUST 13, 2009
DIANE SACHAROFF
BMGT 281 SUMMER
Our constitution gives us the right under the First Amendment to the Freedom of Speech. This seems like a fairly straight forward right, but what many don’t know is that the Constitution only guarantees our right to freedom of speech against abridgement by government, federal or state. (Hudgens v. National Labor Relations Board, 424 U.S. 507 Lexis). In most situations freedom of speech is protected, but when you have another acting authority with their own rules of protection, things can become convoluted and a bit complicated. In the case of Hudgens v. National Labor Relations Board one such issue arose out of picketing union members who were told to leave private property while picketing. A labor dispute ensued and the case had to be decided by the Supreme Court over whether the …show more content…
The union then filed unfair labor practice charges against petitioner, alleging that the threat constituted interference with rights protected by § 7 of the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB), concluding that the NLRA had been violated, issued a cease-and-desist order against petitioner, and the Court of Appeals enforced the order. Petitioner and respondent union contend that the respective rights and liabilities of the parties are to be decided under the criteria of the NLRA alone, whereas the NLRB contends that such rights and liabilities must be measured under a First Amendment standard.
FREEDOM OF EXPRESSION AND PUBLIC PROPERTY
AUGUST 13, 2009
DIANE SACHAROFF
BMGT 281 SUMMER
Our constitution gives us the right under the First Amendment to the Freedom of Speech. This seems like a fairly straight forward right, but what many don’t know is that the Constitution only guarantees our right to freedom of speech against abridgement by government, federal or state. (Hudgens v. National Labor Relations Board, 424 U.S. 507 Lexis). In most situations freedom of speech is protected, but when you have another acting authority with their own rules of protection, things can become convoluted and a bit complicated. In the case of Hudgens v. National Labor Relations Board one such issue arose out of picketing union members who were told to leave private property while picketing. A labor dispute ensued and the case had to be decided by the Supreme Court over whether the …show more content…
The union then filed unfair labor practice charges against petitioner, alleging that the threat constituted interference with rights protected by § 7 of the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB), concluding that the NLRA had been violated, issued a cease-and-desist order against petitioner, and the Court of Appeals enforced the order. Petitioner and respondent union contend that the respective rights and liabilities of the parties are to be decided under the criteria of the NLRA alone, whereas the NLRB contends that such rights and liabilities must be measured under a First Amendment standard.