Legal Alert: California Court of Appeals Declares State Labor Picketing Laws Unconstitutional

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In a case that will significantly impact unions' ability to picket in California, the California Court of Appeals has struck down as unconstitutional two state laws that restricted the ability of employers to enjoin conduct on their property if the conduct relates to a labor dispute. Specifically, the Court found that the Moscone Act and California Labor Code section 1138.1 unconstitutionally favor speech related to a labor dispute over other speech and therefore violate the First and Fourteenth Amendments of the United States Constitution.

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