Submitted 1 year ago by some_guy@lemmy.sdf.org to technology@lemmy.world
https://www.404media.co/amazon-says-it-has-a-first-amendment-right-to-union-bust/
“Free speech is the right to yell ‘theater’ in a crowded fire.” But Amazon are still assholes for arguing this.
I thought (as a Brit, so correct me if wrong) that the first amendment meant you could talk all kinds of shit the government without repercussions, not about allowing union busting.
It technically means the government needs to pass a very high bar before it can restrict any kind of speech, that bar being strict scrutiny.
Of course, the view of the public and the court historically has been that blocking union busting activities has passed strict scrutiny, since it a) is justified by the government’s interest in preventing the kind of violence that occurred when union busting was allowed, b) doesn’t restrict actions outside of union busting, so it’s narrowly tailored, and c) is the least restrictive method yet proposed, only other method I can think of is compelling union membership for everyone.
the government needs to pass a very high bar
It’s not that high, tbh. The modern day Strict Constructionist courts have deferred to simple legislative/executive claims of “protecting public safety/national security” in an enormous number of cases. Its honestly comic to see folks who beat their chest at the Federalist Society on issues of liberty and justice discover their spines have turned to jello the moment a state attorney leans on them.
Businesses tend to enjoy similar deferments. Courts will turn a blind eye to all sorts of company shenanigans when they interfere with union elections.
And the first amendment also guarantees the right to assembly, including associations of trade unions. Amazon’s right to speech doesn’t overrule the people’s right to assembly.
Amazon WTF kind of argument is this.
A dishonest one.
The winning kind /s
Depressingly, probably true.
The kind that SCOTUS will use to destroy the labor movement?
This is about labour law in the US, not technology.
It’s one of the biggest tech corps making the argument. I feel ok about where I posted it.
Is the behavior of one of the biggest tech companies in the world not relevant to technology? That seems a strange view to me.
Correct, business and labor law news is not technology news, regardless of which company it is.
Report it. I did.
Lolzwtf
fluxion@lemmy.world 1 year ago
Amazon found a cheat code where they can avoid all brick and mortar fees and employees and leases and store inventory, made Bezos the richest man in the world…
And somehow they just can’t fucking stomach the idea of treating their employees with enough respect to not jam propaganda in their faces all day to stop them from asking for the slightest bit more.