Daniel Johns authored an article on the recent decision from the U.S. Court of Appeals for the Third Circuit in FDRLST Media LLC v. National Labor Relations Board. The decision highlights the ongoing tension that exists between the constitutional protection of free speech under the First Amendment and the regulation of speech in the labor law arena. More specifically, the Third Circuit held that the NLRB erred in deciding that the publisher of a conservative magazine unlawfully threatened the magazine's workers when he tweeted that he would send them "back to the salt mine" if they tried to unionize.
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