Originally Posted by
FXLAX
What I’m saying is that the government made that speech an illegal job action. Before the RLA existed, it wasn’t illegal to say these certain things. So I don’t think it’s correct to say the first amendment doesn’t apply.
But I do concede that if the RLA didn’t exist, could theoretically fall under company rules that you could be disciplined. That would be the company punishing you, not the government. But the company would then not have a basis to get a judge’s order to subpoena social media, emails, texts, etc. in order to find those culpable of breaking their rules.
You can say "don't do XYZ" all you want and the government isn't going to come and arrest you. You can say that your boss is a #&!)* all you want, and the government isn't going to arrest you. That is freedom of speech. It doesn't mean that that speech can't have consequences such as your boss firing you if he/she hears it or the company suing the union or firing you if they think that you are the cause of an illegal job action because of your speech. Don't confuse freedom of speech with speech without consequences, they are not the same.
As far as the RLA goes, I don't think there is a list of forbidden speech in the text. It does forbid illegal job actions.