October Term 2001 · Docket 01-518
Does the First Amendment shield business lawsuits from NLRB review?
BE&K Construction argues the First Amendment bars the NLRB from reviewing its lawsuit. The NLRB argues it must review such suits to protect labor rights.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Baskin argued the First Amendment protects objectively based lawsuits.
Mr. Wallace argued the NLRB must review such lawsuits.
Chief Justice Rehnquist asked if the case is submitted.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 26, lines 43-9 — Transcript, file page 26, lines 43-9
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 50, lines 47-55 — Transcript, file page 50, lines 47-55
A citizen's guide to the whole case
What this case is about
BE&K Construction seeks a First Amendment shield for its lawsuit. The NLRB seeks authority to review that lawsuit.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 43-9 — Transcript, file page 26, lines 43-9
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
How the case got here
The Supreme Court heard oral argument in this case on April 16, 2002.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
What each side wants
BE&K Construction wants the Court to declare its lawsuit protected by the First Amendment.
The NLRB wants the Court to allow it to review the lawsuit.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 43-9 — Transcript, file page 26, lines 43-9
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
What each side says
BE&K Construction argues the First Amendment protects objectively based lawsuits from NLRB review.
The NLRB argues it must review lawsuits to protect labor rights.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 43-9 — Transcript, file page 26, lines 43-9
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
What the justices asked
Chief Justice Rehnquist asked if the case is submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 50, lines 47-55 — Transcript, file page 50, lines 47-55
Why it matters
This case defines the boundary between business litigation and labor regulation. It determines whether the NLRB can review private lawsuits. It shapes the balance between free speech and labor law enforcement.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 43-9 — Transcript, file page 26, lines 43-9
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 50, lines 47-55 — Transcript, file page 50, lines 47-55
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 43-9 — Transcript, file page 26, lines 43-9
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
- Official Supreme Court Transcript — file page 26, lines 43-9 — Transcript, file page 26, lines 43-9
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.