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Chamber of Commerce v. Brown

Docket No.: 06-939
Certiorari Granted: Nov 20 2007
Argued: March 19, 2008
Decided: March No, 2008

PartyNames: Chamber of Commerce of the United States of America, et al. v. Edmund G. Brown, Jr., Attorney General of California, et al.
Petitioner: Chamber of Commerce of the United States, et al.
Respondent: Edmund G. Brown, Jr., Attorney General of California, et al.

Court Below: United States Court of Appeals for the Ninth Circuit

Chamber of Commerce of the United States, et al.
v.
Edmund G. Brown, Jr., Attorney General of California, et al.
554 U.S. ____ (2008)
Question Presented:

Is the State of California's regulation of noncoercive employer speech about union organizing, California Assembly Bill 1889, Cal. Gov't Code ยงยง 16645.2, 16645.7, preempted by federal labor law?

Question:

Does the National Labor Relations Act, which states that companies' anti-labor speech can only be considered unfair labor practice if it threatens or coerces workers, preempt state laws prohibiting the use of state funds to "assist, promote, or deter union organizing," even if the public funds are transparently segregated?

Holding: judgment reversed and remanded
Vote: 7-2
Opinion By:
Read CHAMBER OF COMMERCE V. BROWN opinion (PDF)
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