# Wholesale & Warehouse Working Workers Union v. Douds

> District Court, S.D. New York · June 29, 1948 · 79 F. Supp. 563

URL: https://www.frixlaw.com/law-library/cases/9678443

## Case

- **Full name:** WHOLESALE AND WAREHOUSE WORKERS UNION, LOCAL 65, Et Al. v. DOUDS; AMERICAN COMMUNICATIONS ASS’N, C. I. O. Et Al. v. DOUDS
- **Court:** District Court, S.D. New York
- **Decided:** June 29, 1948
- **Citations:** 79 F. Supp. 563; 22 L.R.R.M. (BNA) 2276; 1948 U.S. Dist. LEXIS 2334
- **Precedential status:** Published
- **Opinion:** Dissent by Rifkind
- **Judges:** Rifkind, Swan, Coxe
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9678443

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9678443. Public record. Not legal advice.