The robocalls are part of a clear pattern of bahavior designed to DOS the company's ability to communicate.
The robocalls were part of a pattern of legal behavior you mean? I don't see how they can support the idea that they were doing something illegal if they were complying with the robocall laws.
There's an old saying, the right to swing your fist ends at my nose. Your right to speak your mind ends when it materially interferes with my business. In this case they weren't even speaking their mind, since a 600,000-strong membership was just clicking a "send" button over and over and over in order to flood emails. Automated by a programming loop, or by having over half a million clickers at your disposal. Same concept.
You keep throwing that 600K number out, but I've heard no evidence of how many members were actually involved, and no numbers for how many emails were sent, beyond the vague "thousands". So while you keep trying to imply that all 600K members were just clicking away as fast as possible, I haven't seen anything to support that.
Because of an old injury, loud noises cause me serious pain with the likelihood of further injury. You start yelling. It would not hurt most people, no damage done. I tell you it is causing me pain and injury. You refuse to stop. You are now purposely injuring me. But it's okay because it wouldn't hurt others? Am I obliged to put in ear plugs, or should I just call the police?
Actually, yes. You should be responsible for dealing with your issue in that case. It's not reasonable to limit everyone else's rights because of some issue specific to you. I hate to think what the world would be like if we all had to cater to every idiosyncratic issue that someone has. Now, would I stop yelling just to be polite? Sure. But I'd be a whole lot less inclined to comply with your wishes if you had just done something to insult or injure me, which is more the case in this situation.
I can't think of a case in law where the victim's inability to absorb an attack without injury absolved the attacker of responsibility for the injury.
Using the language of physical assault is really not relevant here. There are many cases where people's constitutional rights trump the inconveniences or harm to others. Some of these are codified in law, and others are simply precedent set by the courts.
This is a corporate case. One multi-million dollar corporation with fat cat executives against another multi-million dollar corporation with fat cat executives. One is in the business of building homes for profit, the other is in the business of unionizing workers for profit.
I wasn't the one that started drawing lines between the union and the company at issue. Drawing those lines seems to be a Republican thing. I have plenty of issues with the behavior of unions, but I also recognize that their very existence is due to the abuses of corporations. It's very much a balancing act. Unfortunately one that often results in the very same kinds of brinksmanship we see in the federal government now.