Free Speech

Case - 315 U.S. 437

Parties: Hotel & Restaurant Employees' International Alliance v. Wisconsin Employment Relations Board

Date: 1942-03-02

Identifiers:

Opinions:

Segment Sets:

Paragraph: 8 - The term 'picketing' as used in (the act) does not include acts held in the Thornhill case (supra), to be within the protection of the constitutional guaranty of the right of free speech. The express language of the act forbids such a construction. It clearly refers to that kind of picketing which the Thornhill case, 310 U.S. 88, 60 S.Ct. 745, 84 L.Ed. 1093, says the state has power to deal with as a part of its power 'to preserve the peace and protect the privacy, the lives, and the property of its residents.' * * * In this case it is undisputed that numerous assaults were committed by pickets, that the pickets acted in concert; that the fines of these pickets were paid by the unions; that ingress and egress to and from the premises of the employer were prevented by force and arms. It was at conduct of that kind that the statute was aimed. It is conduct of that kind that is dealt with in this case. It is conduct of that kind that is declared to be an unfair labor practice by the statute and from which the defendants are ordered to cease and desist. * * *' And on rehearing: 'Under the statute and the order of the board as interpreted and construed by the explicit language of the (previous) opinion, freedom of speech and the right peacefully to picket is in no way interfered with. The appellants could not be ordered to cease and desist from something they were not engaged in. * * * The picketing carried on in this case was not peaceful and the right of free speech is in no way infringed by the statute or the order of the board.' 236 Wis. 329, passim, 294 N.W. 632, 638, 295 N.W. 634, 635.

Notes:

Preferred Terms:

  • (is not) acts of force
  • (is not) assualt
  • (is) peaceful picketing

Phrase match: opinion, freedom of speech and the

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1940s/19420302.315.US.437.xml&keyword1=freedom of&wordsBefore=1&wordsAfter=3#m1

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