Obviously, the First Amendment is not the only law that protects free speech rights. Whistleblower protection statutes protect public employee speech. Anti-SLAPP statutes and common law fair reporting privileges protect civil defendants. Federal statutes like the Communications Decency Act facilitate online speech by immunizing social media platforms from civil liability.
What Is the LMRDA?
One lesser known law that protects free speech rights is the LMRDA. The Labor-Management Reporting and Disclosure Act of 1959 (“the LMRDA,” also known as the Landrum-Griffin Act) is a federal law that regulates labor unions’ internal governance, financial accountability, and officer elections.
The LMRDA applies primarily to private sector unions. It requires unions (and employers) to file detailed financial reports with the Department of Labor, imposes strict fiduciary duties to protect union assets, and establishes regular, democratic standards for electing union officers.
Sponsored by Senator Phillip M. Landrum (a Democrat from Georgia) and Representative Robert P. Griffin (a Republican from Michigan), the LMRDA was triggered directly by public outrage over widespread corruption and mafia infiltration within major labor unions—most notably exemplified by Jimmy Hoffa and the International Brotherhood of Teamsters. It was explicitly promoted as a mechanism that would “put Mr. Hoffa and his associates out of business,” including by then-Senator John F. Kennedy. The act was signed into law by President Eisenhower in September 1959.
An important component of the LMRDA is the Union Member Bill of Rights (at 29 U.S.C. § 411). This statute secures the following rights to union members:
Equal Rights: Every union member has the equal right to nominate candidates, vote in union elections or referendums, and attend and participate in meetings, subject to reasonable union rules around orderliness.
Freedom of Speech and Assembly: Union members have the right to meet freely, and express their views on union business, subject to reasonable rules regarding organizational responsibility.
No Retaliation: Members cannot be retaliated against for the exercise of their LMRDA rights.
Due Process: Members cannot be fined, suspended, expelled, or otherwise disciplined (except for nonpayment of dues) unless served with written specific charges, given time to prepare a defense, and afforded a full and fair hearing.
Right to Sue: Union members who allege that their LMRDA rights were violated have the right to bring a lawsuit against their union, provided that they first utilize internal union procedures for redress for up to four months.
Federal courts faced with LMRDA litigation have refined these rights over the years, and the jurisprudence is fairly uniform among the federal circuit courts of appeal.
Late Night Law Defends LMRDA Free Speech Rights
In 2024, Late Night Law® brought suit in federal court in New Mexico against the International Alliance of Theatrical Stage Employees, based on a violation of free speech and due process rights under the LMRDA. Ward v. IATSE et al., 1:24-cv-00946, D.N.M. 2024.
Our client, Nick Ward, was a longtime film set worker and IATSE union member. During an election event within the IATSE Local 480 in Albuquerque, New Mexico, Mr. Ward criticized a union officer. With support from within the Local leadership, that officer then brought a retaliatory disciplinary charge against Mr. Ward.
IATSE’s disciplinary proceedings against Mr. Ward did not pass LMRDA muster. He was overcharged, prevented from taking witness testimony, and deprived of fair notice of the allegations against him. Deposition testimony also revealed significant bias on the part of the union officers responsible for conducting the disciplinary hearing. IATSE agreed to settle Mr. Ward’s claims in November 2025.
Late Night Law® is a dedicated First Amendment, defamation and social media law firm serving New Mexico, Texas, and Washington. If you have a First Amendment or defamation matter, contact Late Night Law® at (505) 225-2623 for a free consultation with an attorney.
This article is not legal advice, and does not create an attorney-client relationship between the reader and Late Night Law. Please consult an attorney for individualized advice if you have a legal matter.
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