The ACLU and the NLRB

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In 1940, the court in Thornell, V. Alabama recognized a right to engage in picketing as a matter of First Amendment expression. It almost immediately pulled back from that. The Warren Court itself at its height is notable for a long line of decisions stripping unions of their power. And we may actually even be seeing to some extent a trend to protect some aspect of secondary activity.

Featuring Laura Weinrib on The Taming of Free Speech: America’s Civil Liberties Compromise. Did you know that the ACLU was founded as a radical labor organization allied with the IWW? Weinrib traces the rise of the modern civil liberties movement, and modern constitutional liberalism more broadly, from World War I through the New Deal. She explains how the ACLU went from defending free speech as a means to revolutionary ends to a liberal position exalting free speech as an end unto itself—including the anti-union speech of bosses and the political speech of corporations. Support The Dig at Patreon.com/TheDig Check out Atomic Days: The Untold Story of the Most Toxic Place in America by Joshua Frank haymarketbooks.org/books/1940-atomic-days Abolishing State Violence: A World Beyond Bombs, Borders, and Cages by Ray Acheson haymarketbooks.org/books/1883-abolishing-state-violence