Free Speech

Paragraph: 14 - Stressing the fact that this case arises out of an entirely peaceful and orderly distribution of a written message, rather than picketing, the union argues that its handbilling is a form of speech protected by the First Amendment. The Board, without completely endorsing the union's constitutional argument, contends that it has sufficient force to invoke the Court's prudential policy of construing acts of Congress so as to avoid the unnecessary decision of serious constitutional questions. See NLRB v. Catholic Bishop, 440 U.S. 490, 500-501, 99 S.Ct. 1313, 1318-1319, 59 L.Ed.2d 533 (1979). That doctrine, however, serves only to authorize the construction of statute in a manner that is "fairly possible." Crowell v. Benson, 285 U.S. 22, 62, 52 S.Ct. 285, 296, 76 L.Ed. 598 (1932). We do not believe that the Board's expansive reading of the proviso meets that standard.

Notes:

Preferred Terms:

• (is) distribution of handbills

Phrase match:

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1980s/19830624.463.US.147.xml&keyword1= speech protected speech&wordsBefore=&wordsAfter=#m1

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