Hugo Black

“ When applied, as it must be, to the Union's activities reflected in the record of this case, the First Amendment forbids the restraints imposed by the injunction here under review for the following among other reasons.
First. The decree approved by the Michigan Supreme Court enjoins the Union from 'giving or furnishing legal advice to its members or their families.' Given its broadest meaning, this provision would bar the Union's members, officers, agents, or attorneys from giving any kind of advice or counsel to an injured worker or his family concerning his FELA claim. ”

“ The Union in its answer admitted that prior to 1959 it secured such agreements for the protection of its members.
United Mine Workers upheld the right of workers to act collectively to obtain affordable and effective legal representation. One of the abuses sought to be remedied by the Mine Workers' plan was the situation pursuant to which members 'were required to pay forty or fifty per cent of the amounts recovered in damage suits, for attorney fees.' 389 U.S., at 219, 88 S.Ct., at 354. ”

“ Since the members of a union have a First Amendment right to help and advise each other in securing effective legal representation, there can be no doubt that transportation of injured members to an attorney's office is within the scope of that protected activity. To the extent that the injunction prohibits this practice, it is invalid under Trainmen, United Mine Workers, and NAACP v. ”

“ The only evidence introduced in this case was the testimony of one employee of the Association of American Railroads in 1961 that from 1953 through 1960 a large number of Michigan FELA claimants were represented by the Union's designated Chicago legal counsel. Based on this evidence and the Union's admissions set out above, the state trial court in 1962 issued an order enjoining the Union's activities on the ground that they violated the state statute making it a misdemeanor to 'solicit' damage suits against railroads. ”