DC Circuit -- Ampersand Publishing, LLC v. NLRB

First Amendment means that editorial content of newspaper / editorial discretion of employees cannot become a term or condition of bargaining.

No Section 7 protection for such a claim even if other objectives are mixed in.

As union was formed to give the workers editorial control, employer does not have to prove that their actions were motivated by 1A concerns.


Ampersand Publishing, LLC v. NLRB