Portage Cty. Educators Assn. for Dev. Disabilities - Unit B, OEA/NEA v. State Emp. Relations Bd.
Case Details
- Judge(s)
- Cannon
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The appellate court reversed the lower court's affirmation of the State Employment Relations Board's unfair labor practice determination, finding that Ohio's statute prohibiting picketing at public officials' residences and places of private employment is an unconstitutional content-based restriction on First Amendment speech rights, and remanded the case for further proceedings.
Excerpt
CONSTITUTIONAL LAW - First Amendment to the United States Constitution Ohio Constitution, Article I, Section 11 free speech State Employment Relations Board Public Employees Collective Bargaining Act R.C. 4117.11(B)(7) unfair labor practice labor relations dispute employee organization induce or encourage picketing residence or place of private employment representative of the public employer unconstitutional restriction on speech public forum content-based strict scrutiny not necessary to serve a compelling state interest protect residential privacy preserve labor peace encourage public service not narrowly tailored not the least restrictive means prohibits lawful conduct secondary picketing distinction between lawful and unlawful secondary activity based on picketer's conduct and objective.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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