John Marshall Harlan II

“ Since I do not believe that this case presents the rare situation in which the Board can ignore motive, [2] I would vacate the judgment of the Court of Appeals and remand the case to the Board for further appropriate proceedings in light of what I believe to be the proper rule. ”

“ Cusano involved a mistaken belief by the employer that an employee had made a misstatement about company profits, which might well have been protected campaign 'oratory' even if the employee had made the misstatement. Since the employer could simply have denied the truth of the profit figures, there was no business justification for discharging the employee. ”