free speech and internet

JKSCHW at aol.com JKSCHW at aol.com
Fri Feb 18 06:44:33 PST 2000


In a message dated 00-02-18 08:39:54 EST, you write:

<< Trade unions were outlawed as criminal conspiracies until the New Deal , NLRA legislation. Criminal syndicalism >>

Nah. The Criminal conspiracy view is 200 years ago, see the Philadelphia Cordwainer's case, 1806. By the 1840s, the doctrine had shifted to civil rather than criminal consipiracy. You get a stort of mid-stage view in Vegelan v. Gunter, 44 N.E. 1077 (Mass. 1896), with a nice dissent from Holmes, then on the Mass. S.J.Ct. There the court affirmed an injunction in a picket of a nonuinion employer to dissuade workers from seeking employment there. Holmes said, no, moral intimidation should be OK, although not physical intimidation, after all, we are talking class struggle here. (Yes, H was quite open about the class struggle. Courts were in those days.) Anyway, you had a lot of labor injunctions against strikes and picketing and organizing under 1932, with the Norris-LaGuardia or anti-injunction Act.

For cases and discussion, see Archibald Cox, Labor Law, 12th ed.

--jks



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