A Brief in Support of Certain Provisions Essential to a Sound Labor Law

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S. 296; American Federation of Lalor V.
fiminn_ .=!12 TT. 8. 321 : Thornhill v. Alabama, 310 IT. S. 88.
34 effective and persuasive so long as the appeal is to reason.
The free speech privilege, together with all these incidents of speech, extends to employers, as well as unions, in the discussion of union organization.
In Thomas v. Gollins,^^ the Supreme Court said, "The First Amendment is a charter for govern- ment, not for an institution of learning. 'Free trade in ideas' means free trade in
... the opportunity to per- suade to action, not merely to describe facts. Cf.
Abrams v. United States, 250 U. S. 616, 624, and Gitlow V. New Yorh, 268 U. S. 652, 672 dissenting opinions of Mr. Justice Hohnes. Indeed the whole history of the problems shows that it is to the end of preventing action that repression is primarily directed and to preserving the right to urge it that the protections are given.
"Accordingly, decision here has recognized that employers' attempts to persuade to action with re- spect to joining or not joining unions are within the First Amendment's guaranty.


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