A federal appeals court has upheld a $1.7 million award to a drywall contractor obtained against a Georgia-based carpenters’ union in a case that pitted the First Amendment rights of pickets against laws that protect businesses from secondary boycotts.

The March 29 ruling by a panel of the U.S. Court of Appeals for the Eleventh Circuit is a loss for the Southeastern Carpenters Regional Council of the United Brotherhood of Carpenters and Joiners of America, whose Atlanta-area campaign against the non-union Fidelity Interiors was the basis for the suit. The union argued the jury shouldn’t have been allowed to consider its First Amendment-protected activities, such as handbills, as evidence of its motivations, but the Eleventh Circuit panel found otherwise.

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