Lauren Kadish


This case note examines the analysis of the Supreme Court's holding in Chamber of Commerce. v. Brown and the effect the decision will have on the rights of employers to engage in noncoercive speech regarding unionization. Part II discusses the historical lineage of employer free speech guaranteed under the NLRA. Part III denotes the relevant facts and procedural history of the case and issues presented to the Supreme Court. Part IV analyzes both the majority and dissenting opinions regarding NLRA preemption over state regulations prohibiting the expenditure of state funds by employers to deter union organization. Finally, Part V considers the effect this Court's decision will have on unions' legislative initiatives to curtail employer speech and the practical implications of allowing or limiting employer speech regarding representation elections and organization.