In the 1939 case of Amalgamated Utility Workers (C. I. O.) v. Consolidated Edison Co. of New York et al., the Supreme Court ruled in favor of Consolidated Edison, upholding their right to distribute anti-union literature to employees during a union organization campaign under free speech protections provided by the First Amendment and National Labor Relations Act (NLRA). The court held that an employer's freedom to communicate his views on labor policies or practices is not curtailed by NLRA unless there is a threat of reprisal or force or promise of benefit involved in such communication. This decision set an important precedent for future cases involving employers' rights and union organizing activities.

In the dissenting opinion for the case of Amalgamated Utility Workers (C. I. O.) v. Consolidated Edison Co., Justice Black argued that the majority's decision to uphold an employer's right to fire employees based on their union membership was a violation of free speech and assembly rights protected by the First Amendment. He contended that corporations should not have unchecked power over workers' livelihoods, especially when it comes to matters related to collective bargaining or union activities, which are crucial tools for workers in negotiating fair wages and working conditions. Furthermore, he believed this ruling would discourage other workers from joining unions out of fear of retaliation from their employers, thus undermining labor movements as a whole.