First Amendment trumps NLRA for newspaper

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A divided panel of the Ninth Circuit has rejected the NLRB's request for an injunction forcing the reinstatement of newsroom employees who challenged the publisher's adverse actions against them for alleged biased reporting. Why this is important after the jump
Noting the newspaper's First Amendment rights reside with the publisher, the Court said General Counsel did not make an adequate case for preliminary injunctive relief. Although this is not a determination on the merits, the pending case at the NLRB presents the same First Amendment issue. It is unlikely a decision will issue before a full NLRB is appointed. It will be interesting to see how this plays out. The First Amendment challenge to NLRA fact situations is a welcome development. The NLRA's employer speech protection, Section 8(c) is likely going to be restricted by a more favorable top labor NLRB. Compromise EFCA legislation proposes preventing an employer from freely communicating with employees. These issues also raise First Amendment implications.

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