In early May, a federal court of appeals struck down a controversial National Labor Relations Board (NLRB) rule that would have required employers to post information informing their employees of their rights to unionize. The court noted that the National Labor Relations Act ensures an employer’s right to free speech as long as the employer does not use threats. The court reasoned that this gave employers the right to remain silent. Therefore, the court ruled that mandating the posters would be the equivalent of mandating speech and violated the employer’s right to remain silent. At this point, the NLRB’s only chance to save the rule is an appeal to the Supreme Court. Read a copy of the opinion here.

National Association of Manufacturers v. NLRB, No. 12-5068 (D.C. Cir., May 7, 2013).