The September 8, 2008 edition of The National Law Journal featured an article, “Picket ruling may fuel labor tensions,” about a recent ruling by the U.S. Circuit Court of Appeals for the 9th Circuit that union members can picket in shopping malls, even during peak holiday seasons.

As reported in the article by Tresa Baldas, the Court, in a 2-1 decision, ruled that California shopping malls can’t prohibit union members from carrying picket signs, standing on sidewalks or picketing during the peak holiday season. United Brotherhood of Carpenters v. NLRB, No. 05-75295 (9th Cir.). Such activities, the court said, are protected freedom of speech rights. The court also held that shopping malls, essentially, are no different from public parks.

Pryor Cashman Partner Joshua Zuckerberg, a member of the firm’s Labor Group, was interviewed for the article. Zuckerberg told The National Law Journal that “[o]ne of the forms of pressures that unions rely on is the ability to do this – embarrass employers and put pressure on them. But I think you’re still going to see efforts to restrict this type of activity.”

Zuckerberg also noted that the ruling holds only in California because it relied on California law, which, he added, is very protective of free speech rights. But he expects it will motivate picketers elsewhere.

To read the article in its entirety, please click here.