Elon Musk wins court victory in a dispute over a 2018 post during a labor dispute
- by Associated Press
- Oct 29, 2024
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“We hold that Musk’s tweets are constitutionally protected speech and do not fall into the categories of unprotected communication like obscenity and perjury,” the unsigned opinion said.
The majority also found the NLRB must reconsider its order that the fired employee be reinstated, saying there was no proof that the person who fired the worker acted out of ill will toward the union.
The 11-page opinion was followed by a 30-page dissent on behalf of eight judges, written by Judge James Dennis.
“Relevant here, the Supreme Court has consistently held that the First Amendment does not protect threatening, coercive employer speech to employees in the labor organization election context— the precise category of speech Musk disseminated via Twitter,” Dennis wrote.
He also argued that the attitude of the supervisor who fired the worker was not relevant to whether he should be reinstated. The worker, Dennis wrote, “was fired for declining to divulge information about protected union activities during an interrogation.”
The ruling sent the case back to the NLRB for further action. It was not immediately clear if there would be an appeal to the U.S. Supreme Court. The Associated Press sent an email to the UAW Tuesday seeking information on the union’s next move.
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