The Wall Street Journal has a good piece today on the Employee Free Choice Act. Many seem to think that taking “card check” out of the bill has made it acceptable. But not really. Restrictions on what employers could tell employees about the downside of unionization quells free speech and puts small firms at a disadvantage:

Faced with these draconian penalties, employers—particularly smaller employers—will be forced to remain silent. EFCA’s penalty provisions deserve careful scrutiny in light of statutory and constitutional free speech protections. Their net effect will be to deny free speech to employers and to deprive employees of the advantages of meaningful debate before they make important choices affecting their livelihood.