Free Speech

Paragraph: 6 - N36* These considerations are most pertinent in regard to a population made up of so many diverse groups as ours. To deny to California the right to ban picketing in the circumstances of this case would mean that there could be no prohibition of the pressure of picketing to secure proportional employment on ancestral grounds of Hungarians in Cleveland, of Poles in Buffalo, of Germans in Milwaukee, of Portuguese in New Bedford, of Mexicans in San Antonio, of the numerous minority groups in New York, and so on through the whole gamut of racial and religious concentrations in various cities. States may well believe that such constitutional sheltering would inevitably encourage use of picketing to compel employment on the basis of racial discrimination. In disallowing such picketing States may act under the belief that otherwise community tensions and conflicts would be exacerbated. The differences in cultural traditions instead of adding flavor and variety to our common citizenry might well be hardened into hostilities by leave of law. The Constitution does not demand that the element of communication in picketing prevail over the mischief furthered by its use in these situations.

Notes:

• N36* / / / / The segment argues that the mischief of petitioning a store to hire African-American workers in proportion to its cusomers outweighs the free speech interests in picketing

Preferred Terms:

• (reg) picketing

Phrase match: the right to ban picketing in

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1950s/19500508.339.US.460.xml&keyword1=right to&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 7 - But while picketing is a mode of communication it is inseparably something more and different. Industrial picketing N19* 'is more than free speech, since it involves patrol of a particular locality and since the very presence of a picket line may induce action of one kind or another, quite irrespective of the nature of the ideas which are being disseminated.' Mr. Justice Douglas, joined by Black and Murphy, JJ., concurring in Bakery & Pastry Drivers & Helpers Local 802 of International Brotherhood of Teamsters v. Wohl, 315 U.S. 769, 775, 776, 62 S.Ct. 816, 819, 86 L.Ed. 1178. Publication in a newspaper, or by distribution of circulars, may convey the same information or make the same charge as do those patrolling a picket line. But the very purpose of a picket line is to exert influences, and it produces consequences, different from other modes of communication.

Notes:

• N19* / quote / endorsement / Q0203 / /

Preferred Terms:

• (is) distinct mediums of communication
• (why not) picketing

Phrase match: than free speech, since it involves

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Paragraph: 8 - It has been amply recognized that picketing, not being the equivalent of speech as a matter of fact, is not its inevitable legal equivalent.

Notes:

Preferred Terms:

• (is not) picketing

Phrase match: equivalent of speech as a matter

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1950s/19500508.339.US.460.xml&keyword1=speech&wordsBefore=2&wordsAfter=3#m1

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