The ACLU Wants to Shrink Workers’ Speech Protections
The ACLU is trying to convince Trump’s labor board to overturn precedent that expansively protects workers’ speech rights. The nonprofit wants the NLRB to instead adopt narrower rules that make it much easier for employers to fire workers for speaking up.
The ACLU is trying to overturn a current NLRB precedent that protects workers’ rights to complain about their working conditions. (Andrew Harrer / Bloomberg via Getty Images)
Back in 2024, I wrote about a curious case at the National Labor Relations Board (NLRB) in which the American Civil Liberties Union (ACLU) was pursuing exotic legal theories that would, if adopted by the NLRB or courts, curtail the rights of workers across the country.
This included the theory that the then–general counsel of the NLRB, Jennifer Abruzzo, was illegally appointed and the theory that the NLRB must defer to private arbitration proceedings even in the absence of a collective-bargaining agreement. The former theory would have invalidated a large amount of precedent established by General Counsel Abruzzo, while the latter theory would have allowed employers to limit the rights of workers to pursue unfair labor practice charges at the NLRB.
The ACLU was pursuing these theories as part of a scorched-earth effort to not provide back pay and reinstatement to one of its former employees, Katherine Oh. Oh, along with her coworkers, had criticized the way certain managers treated employees and the ACLU fired her in response to those criticisms. In firing her, the ACLU claimed that Oh, who is herself nonwhite, was being racist by criticizing her likewise nonwhite bosses even though her statements contained no racial content at all.
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