Parties: Cafeteria Employees Union v. Angelos
Date: 1943-11-22
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Paragraph: 4 - In Senn v. Tile Layers Union, 301 U.S. 468, 57 S.Ct. 857, 81 L.Ed. 1229, this Court ruled that members of a union might, N17* 'without special statutory authorization by a state, make known the facts of a labor dispute, for freedom of speech is guaranteed by the Federal Constitution.' 301 U.S. at page 478, 57 S.Ct. at page 862, 81 L.Ed. 1229. Later cases applied the Senn doctrine by enforcing the right of workers to state their case and to appeal for public support in an orderly and peaceful manner regardless of the area of immunity as defined by state policy. A.F. of L. v. Swing, 312 U.S. 321, 61 S.Ct. 568, 85 L.Ed. 855; Bakery Drivers Local v. Wohl, 315 U.S. 769, 62 S.Ct. 816, 86 L.Ed. 1178. To be sure the Senn case related to the employment of 'peaceful picketing and truthful publicity'. 301 U.S. at page 482, 57 S.Ct. at page 863, 81 L.Ed. 1229. That the picketing under review was peaceful is not questioned. And to use loose language or undefined slogans that are part of the conventional give-and-take in our economic and political controversies—like 'unfair' or 'fascist'—is not to falsify facts. In a setting like the present, continuing representations unquestionably false and acts of coercion going beyond the mere influence exerted by the fact of picketing, are of course not constitutional prerogatives.
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Phrase match: for freedom of speech is guaranteed
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Paragraph: 4 - In Senn v. Tile Layers Union, 301 U.S. 468, 57 S.Ct. 857, 81 L.Ed. 1229, this Court ruled that members of a union might, N24* 'without special statutory authorization by a state, make known the facts of a labor dispute, for freedom of speech is guaranteed by the Federal Constitution.' 301 U.S. at page 478, 57 S.Ct. at page 862, 81 L.Ed. 1229. Later cases applied the Senn doctrine by enforcing the right of workers to state their case and to appeal for public support in an orderly and peaceful manner regardless of the area of immunity as defined by state policy. A.F. of L. v. Swing, 312 U.S. 321, 61 S.Ct. 568, 85 L.Ed. 855; Bakery Drivers Local v. Wohl, 315 U.S. 769, 62 S.Ct. 816, 86 L.Ed. 1178. To be sure the Senn case related to the employment of N25* 'peaceful picketing and truthful publicity'. 301 U.S. at page 482, 57 S.Ct. at page 863, 81 L.Ed. 1229. That the picketing under review was peaceful is not questioned. And to use loose language or undefined slogans that are part of the conventional give-and-take in our economic and political controversies—like 'unfair' or 'fascist'—is not to falsify facts. In a setting like the present, continuing representations unquestionably false and acts of coercion going beyond the mere influence exerted by the fact of picketing, are of course not constitutional prerogatives.
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Phrase match: the right of workers to state
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Paragraph: 6 - N18* 'that the power to deny what otherwise would be lawful picketing derives from the power of the states to prevent future coercion. Right to free speech in the future cannot be forfeited because of dissociated acts of past violence.' 312 U.S. at page 296, 61 S.Ct. at page 556, 85 L.Ed. 836, 132 A.L.R. 1200. Still less can the right to picket itself be taken away merely because there may have been isolated incidents of abuse falling far short of violence occurring in the course of that picketing.
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Phrase match: coercion. Right to free speech in
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Paragraph: 6 - But we also made clear N8* 'that the power to deny what otherwise would be lawful picketing derives from the power of the states to prevent future coercion. Right to free speech in the future cannot be forfeited because of dissociated acts of past violence.' 312 U.S. at page 296, 61 S.Ct. at page 556, 85 L.Ed. 836, 132 A.L.R. 1200. Still less can the right to picket itself be taken away merely because there may have been isolated incidents of abuse falling far short of violence occurring in the course of that picketing.
Notes:
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Phrase match: to free speech in the future
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