What’s Good for the Goose is Good for the Gander, Or Is It? The Pitfalls of Using the Court’s Neoliberal Construction of the First Amendment To Protect Secondary Picketing

In his article, Labor Picketing, The Right To Protest, and the Neoliberal First Amendment, Professor Blum argues that labor picketing, which has received diminished protection when viewed from the statutory lens of Section 8(b)(4) of the National Labor Relations Act, would receive greater protection if viewed primarily through a constitutional lens.Blum upfront acknowledges that many scholars-notably Cynthia Estlund, Catherine Fisk, Charlotte Garden, Michael Harper, James Gray Pope, and Mark Schneider-as well as several practitioners have made similar arguments.(P.600, n. 14.)However, he brings a fresh approach to this important legal agenda by framing the problem not only as a legal challenge but also from the union lawyers' perspective, which he obtained through surveys and interviews.