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I think because OPB prides itself on being the best news source available that they should be accurate in the terminology that they use. First of all, AMR, Inc. of Connecticut is a private company. Thus, there is no 1st Amendment issue implicated here, but rather the NLRB alleged a violation of a section of the National Labor Relations Act. Second, that would be aspects of Labor Law NOT employment law. The "speech" issue here has to do with a union member's ability to organize and criticize the employer via Facebook, but it is not necessarily clear that it applies to those employers who are not subject to the NLRA. Further, only government action is subject to 1st Amendment scrutiny and not private employers. Again, here, there was no 1st Amendment violation.
posted 2 years, 3 months ago
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