Skip to main content

View Diary: CEO who threatened workers if they voted for Obama violated Wisconsin law (208 comments)

Comment Preferences

  •  That's clear enough in the case you cite (0+ / 0-)

    But not in the case of §12.07(3).  Neither the SCOTUS nor the WisSC have ruled that the First Amendment allows employers to make threats against their employees like this (or if they have, it's flown under my radar).  It's clear enough the First Amendment doesn't give carte blanche invalidation of laws against slander, libel, calling in fake bomb threats etc, so the courts are clearly happy with at least some restrictions on speech.  Unless a decision in the mold of Lawrence v. Texas from a higher court already exists, there are no grounds at all for prosecutors to decide that §12.07(3) is bound to fail the test of constitutionality.

    Deciding whether or not it's constitutional for an employer to threaten their employees is definitely a decision for the courts, not for prosecutors to make.  Prosecutors are surely bound to enforce the law as it exists and not to usurp the authority of the courts in the absence of a Lawrence-type precedent.

    Only reference to §12.07(3) that I could find offhand is in Wisconsin v. Jensen, Foti and Schultz where the Wisconsin Court of Appeals didn't seem to display any constitutional reservations about it.

    Fake candidates nominated by the GOP for the recalls: 6 out of 7. Fake signatures on the recall petitions: 4 out of 1,860,283.

    by GeoffT on Fri Oct 26, 2012 at 07:42:36 PM PDT

    [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site