Because decades of case law has tempered unions’ 1st Amendment rights, the ruling in ‘Friedrichs’ could actually unleash them from decades of free speech restrictions and penalties against concerted activities. Current law strictly limits or prohibits a host of activities, including job slowdowns and strikes in certain public sector work. In an ironic twist, A ruling for the plaintiff in the Friedrichs case may upend these restrictions and prevent federal and state governments’ fines on unions’ actions as a violation of its right to freedom of speech.
Months of state-required legal procedures took place between bargaining teams before teachers could lawfully strike in San Ysidro in 2014. (above)- SCOTUS’ ruling could eliminate the procedures as violations of the union’s freedom of speech.