Whether the Court of Appeal improperly narrowed the First Amendment protection owed employers in a labor dispute

QUESTIONS PRESENTED (1) Whether the Court of Appeal improperly narrowed the First Amendment protection owed employers in a labor dispute by requiring objective factual support for an employer’s personal speculation or opinion? (2) Whether the Court of Appeal’s opinion—which affirms the NLRB based on novel factual inferences not found in the record below— perpetuates substantial inconsistency and confusion in the NLRB’s approach to employer speech? (3) Whether the NLRB’s practice of disregarding state criminal laws respecting admission of evidence improperly impedes the state’s sovereignty under principles of federalism and comity?