Parties: INTERNATIONAL BHD. OF TEAMSTERS, LOCAL 695 v. VOGT
Date: 1957-07-11
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Paragraph: 9 - the Court broadly assimilated peaceful picketing in general to freedom of speech, and as such protected against abridgment by the Fourteenth Amendment.
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Paragraph: 16 - N45* The Court therefore concluded that it was 'clear that appellants were doing more than exercising a right of free speech or press. * * * They were exercising their economic power together with that of their allies to compel Empire to abide by union rather than by state regulation of trade.'
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Paragraph: 9 - the Court made sweeping pronouncements about the right to picket in holding unconstitutional a statute that had been applied to ban all picketing, with N56* 'no exceptions based upon either the number of persons engaged in the proscribed activity, the peaceful character of their demeanor, the nature of their dispute with an employer, or the restrained character and the accurateness of the terminology used in notifying the public of the facts of the dispute.' Thornhill v. Alabama, 310 U.S. 88, 99, 60 S.Ct. 736, 743, 84 L.Ed. 1093. As the statute dealt at large with all picketing, so the Court broadly assimilated peaceful picketing in general to freedom of speech, and as such protected against abridgment by the Fourteenth Amendment.
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Paragraph: 30 - N18* In Thornhill v. Alabama, 310 U.S. 88, 102, 60 S.Ct. 736, 744, 84 L.Ed. 1093, we struck down a state ban on picketing on the ground that 'the dissemination of information concerning the facts of a labor dispute must be regarded as within that area of free discussion that is guaranteed by the Constitution.' Less than one year later, we held that the First Amendment protected organizational picketing on a factual record which cannot be distinguished from the one now before us. A.F.L. v. Swing, 312 U.S. 321, 61 S.Ct. 568, 85 L.Ed. 855. Of course, we have always recognized that picketing has aspects which make it more than speech. Bakery and Pastry Drivers Local v. Wohl, 315 U.S. 769, 776 777, 62 S.Ct. 816, 819, 820, 86 L.Ed. 1178 (concurring opinion). That difference underlines our decision in Giboney v. Empire Storage & Ice Co., 336 U.S. 490, 69 S.Ct. 684, 93 L.Ed. 834. There, picketing was an essential part of 'a single and integrated course of conduct, which was in violation of Missouri's valid law.' Id., 336 U.S. at page 498, 69 S.Ct. at page 688. And see National Labor Relations Board v. Virginia Elec. & Power Co., 314 U.S. 469, 477—478, 62 S.Ct. 344, 348, 86 L.Ed. 348. We emphasized that N19* 'there was clear danger, imminent and immediate, that unless restrained, appellants would succeed in making (the state) policy a dead letter * * *.' 336 U.S. at page 503, 69 S.Ct. at page 691. Speech there was enjoined because it was an inseparable part of conduct which the State constitutionally could and did regulate.
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Paragraph: 9 - As the statute dealt at large with all picketing, so the Court broadly assimilated peaceful picketing in general to freedom of speech, and as such protected against abridgment by the Fourteenth Amendment.
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