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Picketing Cases

  • Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza (1968)

In Amalgamated Food Employees v. Logan Valley Plaza (1968), the Court held
that state courts could not enjoin peaceful picketing in a private shopping
mall.

  • American Federation of Labor v. Swing (1941)

American Federation of Labor v. Swing (1941) held that the state’s policy
of forbidding picketing when there was no employer-employee dispute
violated the First Amendment.

  • American Radio Association, AFL-CIO v. Mobile Steamship Association (1974)

American Radio Association v. Mobile Steamship Association (1974) held that
an injunction against picketing of foreign ships did not violate the First
Amendment.

  • Bakery and Pastry Drivers and Helpers Local v. Wohl (1942)

Bakery and Pastry Drivers and Helpers Local v. Wohl (1942) struck down an
injunction against picketers, applying freedom of speech to New York via
the 14th Amendment.

  • Boos v. Barry(1988)

Boos v. Barry (1988) ruled that a D.C. law violated the First Amendment by
banning the display of signs criticizing a foreign government outside that
government’s embassy.

  • Building Service Employees International Union v. Gazzam (1950)

Building Service Employees International Union v. Gazzam (1950) said the
First Amendment did not protect picketers who were coercing employers to
break state laws.

  • Cafeteria Employees Union v. Angelos (1943)

Cafeteria Employees Union v. Angelos (1943) ruled a court had violated the
First Amendment rights of peaceful picketers in issuing two broad
injunctions against them.

  • Cameron v. Johnson (1965, 1968)

Cameron v. Johnson (1968) said an anti-picketing law did not violate the
First Amendment when taken on its face. It applied to blocking entrances of
public buildings.

  • Carey v. Brown (1980)

Carey v. Brown (1980) struck down a law against almost all residential
picketing. The Court said the law violated the First Amendment by being
content-based.

  • Carlson v. California (1940)

Carlson v. California (1940) struck down an ordinance that prohibited
loitering or picketing with the intent to stop people working. Picketing is
protected by the First Amendment.

  • Carpenters and Joiners Union of America, Local No. 213 v. Ritter’s Cafe (1942)

Carpenters and Joiners Union of America v. Ritter’s Cafe (1942) said that a
state could bar a labor union’s picketing against a restaurant that was not
part of a dispute.

  • Cox v. New Hampshire (1941)

Cox v. New Hampshire (1941) upheld Jehovah’s Witnesses’ conviction for
parading without a permit, ruling that their First Amendments rights had
not been violated.

  • Frisby v. Schultz (1988)

Frisby v. Schultz (1988) upheld a city ordinance banning picketing in
neighborhoods. Dissenting justices said the law suppressed First
Amendment-protected speech.

  • Giboney v. Empire Storage and Ice Co. (1949)

In Giboney v. Empire Storage and Ice Co., the court ruled that First
Amendment freedoms do not protect conduct that breaks valid laws.

  • Grayned v. City of Rockford (1972)

In Grayned v. City of Rockford, the Supreme Court ruled that a city’s
anti-picketing ordinance was over broad, but their anti-noise ordinance was
constitutional.

  • Hotel and Restaurant Employees International Alliance v. Wisconsin Employment Relations Board (1942)

Hotel and Restaurant Employees’ International Alliance v. Wisconsin
Employment Relations Board (1942) said only peaceful picketing is protected
by the First Amendment.

  • Hudgens v. National Labor Relations Board (1976)

In Hudgens v. National Labor Relations Board, the Supreme Court ruled that
there was no right to exercise free speech in privately owned malls under
the First Amendment.

  • Hughes v. Superior Court of California (1950)

Hughes v. Superior Court of California Court (1950) said an injunction
against picketing to pressure employers to hire on a racial basis didn’t
violate the First Amendment.

  • International Brotherhood of Electrical Workers v. National Labor Relations Board (1951)

International Brotherhood of Electrical Workers v. National Labor Relations
Board affirmed a decision that a union’s peaceful picketing had illegally
induced a strike.

  • International Brotherhood of Teamsters Union v. Hanke (1950)

In International Brotherhood of Teamsters Union v. Hanke (1950), the Court
sustained an injunction against the picketing of a self-employer’s place of
business.

  • International Brotherhood of Teamsters Union v. Vogt (1957)

International Brotherhood of Teamsters Union v. Vogt (1957) reaffirmed that
some state limits on picketing did not infringe upon First Amendment
freedom of expression.

  • Milk Wagon Drivers Union v. Meadowmoor(1941)

Milk Wagon Drivers Union v. Meadowmoor (1941), upheld an injunction by an
Illinois court against peaceful picketing, which the state court believed
was related to violence.

  • National Labor Relations Board v. Fruit and Vegetable Packers (1964)

National Labor Relations Board v. Fruit and Vegetable Packers (1964)
protected the rights of picketers using the the NLRA instead of First
Amendment protections.

  • New Negro Alliance v. Sanitary Grocery Co., Inc.(1938)

In New Negro Alliance v. Sanitary Grocery Co., Inc. (1938), the Supreme
Court ruled that pickets that were a peaceful and orderly dissemination of
information were lawful. The case arose from a campaign to boycott stores
that would not hire African-Americans.

  • Police Department of Chicago v. Mosley (1972)

Police Department of Chicago v. Mosley (1972) held that the government
could not, under the First Amendment, selectively exclude speakers based on
the content of their message.

  • Senn v. Tile Layers Protective Union(1937)

Senn v. Tile Layers Protective Union (1937) upheld a state law that allowed
peaceful picketing. Peaceful picketing is protected by the First Amendment.

  • Snyder v. Phelps (2011)

Snyder v. Phelps (2011) ruled that the First Amendment prohibited the
pressing of civil charges upon a church who picketed the funeral of a slain
Marine.

  • Thornhill v. Alabama (1940)

Thornhill v. Alabama (1940) found that a law that made it illegal for a
person to “loiter” around or “picket” a business denied the First Amendment
right of freedom of expression.

  • Tory v. Cochran (2005)

Tory v. Cochran (2005) vacated and remanded a decision that had issued a
permanent injunction against Tory, who claimed the injunction infringed on
his First Amendment rights.

  • United Association of Journeymen Plumbers and Steamfitters v. Graham(1953)

The Supreme Court in 1953 upheld an injunction preventing union members
from picketing in front of a school that used non-union members, reasoning
that the pickets conflicted with the state’s right to work statute. Justice
Douglas dissented, arguing that picketing is a form of free speech and the
injunction was not narrowly drawn.

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