Court holds that union e-mails urging employees to join are commercial speech
VOLOKH at law.ucla.edu
Fri Jul 20 10:15:52 PDT 2007
A district court just held that union e-mails urging employees
to join fall within the commercial speech zone of lower protection.
Aitken v. Communications Workers of Am., 2007 US Dist. LEXIS 51434 (E.D.
Va. July 12, 2007), http://pub.bna.com/eclr/06cv1161_071207.pdf. That
strikes me as wrong; the particular e-mails here might have been
restrictable even as noncommercial speech because they were deliberately
false (they came from e-mail addresses deliberately designed to seem
like the e-mail addresses of company managers), but they should not be
treated as commercial speech.
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