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Expert Analysis

1st Amendment Litigation: DC Circ. Edition

Law360, New York (May 22, 2013, 1:50 PM EDT) -- On May 7, 2013, in National Association of Manufacturers v. National Labor Relations Board, No. 12-5068, the D.C. Circuit unanimously rejected the NLRB's attempt to force employers to display controversial new posters relating to union activity. This decision is notable not only for its immediate result — the injunction of the poster obligation — but also for its broad discussion of First Amendment principles. Those First Amendment issues are presently being litigated around the country as companies challenge increasingly aggressive government regulations....

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