Brushing off First Amendment objections, a federal court has ruled that a union can be sued for “retaliation” after it defended itself in print against a lawsuit by two of its members. [Eugene Volokh]
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In an ideal world, the same jury would hear the “retaliation” suit as heard the original discrimination and failure-to-represent suits. If they agreed that the underlying discrimination claim was frivolous, they would be inclined to reject a lawsuit against truthful speech. If they thought the discrimination claim had merit, however, they might find against the article, as an attempt to mobilize unjustified intimidation.
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