Free Speech

Case - 301 U.S. 103

Parties: AP v. NLRB

Date: 1937-04-12

Identifiers:

Opinions:

Segment Sets:

Paragraph: 34 - Freedom is not a mere intellectual abstraction; and it is not merely a word to adorn an oration upon occasions of patriotic rejoicing. It is an intensely practical reality, capable of concrete enjoyment in a multitude of ways day by day. When applied to the press, the term freedom is not to be narrowly confined; and it obviously means more than publication and circulation. If freedom of the press does not include the right to adopt and pursue a policy without governmental restriction, it is a misnomer to call it freedom. And we may as well deny at once the right of the press freely to adopt a policy and pursue it, as to concede that right and deny the liberty to exercise an uncensored judgment in respect of the employment and discharge of the agents through whom the policy is to be effectuated.

Notes:

Preferred Terms:

  • (is) employment policies (hiring and firing)

Phrase match: the right of the press freely

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1930s/19370412.301.US.103.xml&keyword1=right of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 43 - N9* The conclusion that the First Amendment is here infringed does not challenge the right of employees to organize, to bargain collectively with their employers about wages and other matters respecting employment, or to refuse to work except upon conditions they are willing to accept. Nor, the First Amendment aside, does it challenge the act in so far as it is an allowable regulation of interstate commerce. All affirmations in respect of these matters may be fully conceded without prejudice to our very definite view that the application of the act here has resulted in an unconstitutional abridgment of the freedom of the press.

Notes:

  • N9* / / / / This sement argues that the right of publishers to fire union members does not infringe the First Amendment, and also specifies that the opinion is not arguing that the NLRA does not violate the First Amendment either.

Preferred Terms:

Phrase match: the right of employees to organize

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1930s/19370412.301.US.103.xml&keyword1=right of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 34 - N9* When applied to the press, the term freedom is not to be narrowly confined; and it obviously means more than publication and circulation. If freedom of the press does not include the right to adopt and pursue a policy without governmental restriction, it is a misnomer to call it freedom. And we may as well deny at once the right of the press freely to adopt a policy and pursue it, as to concede that right and deny the liberty to exercise an uncensored judgment in respect of the employment and discharge of the agents through whom the policy is to be effectuated.

Notes:

  • N9* / / / / Freedom of the press includes the freedom to fire workers for their political beliefs and activities (e.g., advocating unionization)

Preferred Terms:

  • (is) decisions about hiring and firing

Phrase match: the right to adopt and pursue

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1930s/19370412.301.US.103.xml&keyword1=right to&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 39 - The findings of the board disclose that Watson continued in various ways to promote the interests of the guild; and there is no doubt that his sympathies were strongly enlisted in support of the guild's policies, whether they clashed with the policies of petitioner or not. We do not question his right to assume and maintain that attitude. But, if petitioner concluded, as it well could have done, that its policy to preserve its news service free from color, bias, or distortion was likely to be subverted by Watson's retention, what power has Congress to interfere in the face of the First Amendment?

Notes:

Preferred Terms:

  • (other) freedom of press includes right to hire and fire in order to preserve its news service free from color, bias, or distortion

Phrase match: his right to assume and maintain

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1930s/19370412.301.US.103.xml&keyword1=right to&wordsBefore=1&wordsAfter=3#m1

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