Opinion

Wholesale & Warehouse Working Workers Union v. Douds

  • 79 F. Supp. 563
  • 22 L.R.R.M. (BNA) 2276
  • 1948 U.S. Dist. LEXIS 2334
Court
District Court, S.D. New York
Filed
Jun 29, 1948
Status
Published
Author
Rifkind
On the bench
Rifkind, Swan, Coxe
Cited by
7 cases

The opinion

RIFKIND, District Judge (dissenting).

Insofar as Section 9(h) of the Tafl-Hartley Act excludes from the facilities of the National Labor Relations Board any labor union, one of whose officers is a member of the Communist Party or affiliated therewith, it is incompatible with the ‘First Amendment. It abridges the freedom of speech and the right of assembly without a showing of clear and present danger. Indeed, on the argument the defendant disavowed the presence of clear and present danger. I would deny defendant’s motion to dismiss the complaint.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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