Parties: NLRB v. Fruit & Vegetable Packers & Warehousemen
Date: 1964-04-20
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Paragraph: 12 - N87* N88* N89* 'The prohibition (of the House bill) reaches not only picketing but leaflets, radio broadcasts and newspaper advertisements, thereby interfering with freedom of speech.
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Phrase match: with freedom of speech
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Paragraph: 13 - '* * * one of the apparent purposes of the amendment is to prevent unions from appealing to the general public as consumers for assistance in a labor dispute. This is a basic infringement upon freedom of expression.
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Phrase match: upon freedom of expression
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Paragraph: 14 - Because of the sweeping language of the House bill, and its implications for freedom of speech, the Senate conferees refused to accede to the House proposal without safeguards for the right of unions to appeal to the public, even by some conduct which might be 'coercive.' The result was the addition of the proviso. But it does not follow from the fact that some coercive conduct was protected by the proviso, that the exception 'other than picketing' indicates that Congress had determined that all consumer picketing was coercive.
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Phrase match: for freedom of speech, the Senate
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Paragraph: 47 - Because of the language of § 8(b)(4)(ii)(B) of the National Labor Relations Act and the legislative history set out in the opinions of the Court and of my Brother HARLAN, I feel impelled to hold that Congress, in passing this section of the Act, intended to forbid the striking employees of one business to picket the premises of a neutral business where the purpose of the picketing is to persuade customers of the neutral business not to buy goods supplied by the struck employer. Construed in this way, as I agree with Brother HARLAN that it must be, I believe, contrary to his view, that the section abridges freedom of speech and press in violation of the First Amendment.
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Phrase match: abridges freedom of speech and press
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Paragraph: 48 - N90* 'Picketing,' in common parlance and in § 8(b)(4)(ii)(B), includes at least two concepts: (1) patrolling, that is, standing or marching back and forth or round and round on the street, sidewalks, private property, or elsewhere, generally adjacent to someone else's premises; (2) speech, that is, arguments, usually on a placard, made to persuade other people to take the picketers' side of a controversy. See Mr. Justice DOUGLAS concurring in Bakery & Pastry Drivers etc. v. Wohl, 315 U.S. 769, 775, 62 S.Ct. 816, 819, 86 L.Ed. 1178. See also Hughes v. Superior Court, 339 U.S. 460, 464—465, 70 S.Ct. 718, 720—721, 94 L.Ed. 985, and concurring opinions at 469, 70 S.Ct. at 723. While '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,' Thornhill v. Alabama, 310 U.S. 88, 102, 60 S.Ct. 736, 744, 84 L.Ed. 1093, patrolling is, of course, conduct, not speech, and therefore is not directly protected by the First Amendment. It is because picketing includes patrolling that neither Thornhill nor cases that followed it lend 'support to the contention that peaceful picketing is beyond legislative control.' Giboney v. Empire Storage & Ice Co., 336 U.S. 490, 499—500, 69 S.Ct. 684, 690, 689, 93 L.Ed. 834. Cf. Schneider v. State, 308 U.S. 147, 160—161, 60 S.Ct. 146, 150, 84 L.Ed. 155. However, when conduct not constitutionally protected, like patrolling, is intertwined, as in picketing, with constitutionally protected free speech and press, regulation of the non-protected conduct may at the same time encroach on freedom of speech and press.
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Phrase match: on freedom of speech and press
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Paragraph: 51 - In short, N91* we have neither a case in which picketing is banned because the picketers are asking others to do something unlawful nor a case in which all picketing is, for reasons of public order, banned. Instead, we have a case in which picketing, otherwise lawful, is banned only when the picketers express particular views. The result is an abridgment of the freedom of these picketers to tell a part of the public their side of a labor controversy, a subject the free discussion of which is protected by the First Amendment.
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Phrase match: the freedom of these picketers to
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Paragraph: 91 - Congress has given careful and continued consideration to the problems of labor-management relations, and its attempts to effect an accommodation between the right of unions to publicize their position and the social desirability of limiting a form of communication likely to have effects caused by something apart from the message communicated, are entitled to great deference. The decision of Congress to prohibit secondary consumer picketing during labor disputes is, I believe, not inconsistent with the protections of the First Amendment, particularly when, as here, other methods of communication are left open.
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Phrase match: the right of unions to publicize
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Paragraph: 9 - In the debates before passage of the House bill he stated that the amendments applied to consumer picketing of customer entrances to retail stores selling goods manufactured by a concern under strike, if the picketing were designed to N61* 'coerce or to restrain the employer of (the) second establishment, to get him not to do business with the manufacturer * * *,' and further that, 'of course, this bill and any other bill is limited by the constitutional right of free speech. If the purpose of the picketing is to coerce the retailer not to do business with the manufacturer'—then such a boycott could be stopped. (Italics supplied.)
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Phrase match: constitutional right of free speech. If
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Paragraph: 15 - No Conference Report was before the Senate when it passed the compromise bill, and it had the benefit only of Senator Kennedy's statement of the purpose of the proviso. He said that the proviso preserved 'the right to appeal to consumers by methods other than picketing asking them to refrain from buying goods made by nonunion labor and to refrain from trading with a retailer who sells such goods. * * * We were not able to persuade the House conferees to permit picketing in front of that secondary shop, but were able to persuade them to agree that the unions shall be free to conduct informational activity short of picketing. In other words, the union can hand out handbills at the shop * * * and can carry on all publicity short of having ambulatory picketing * * *.' (Italics supplied.) This explanation does not compel the conclusion that the Conference Agreement contemplated prohibiting any consumer picketing at a secondary site beyond that which urges the public, in Senator Kennedy's words, to 'refrain from trading with a retailer who sells such goods.' To read into the Conference Agreement, on the basis of a single statement, an intention to prohibit all consumer picketing at a secondary site would depart from our practice of respecting the congressional policy not to prohibit peaceful picketing except to curb 'isolated evils' spelled out by the Congress itself.
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Phrase match: the right to appeal to consumers
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Paragraph: 48 - While N49* '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,' Thornhill v. Alabama, 310 U.S. 88, 102, 60 S.Ct. 736, 744, 84 L.Ed. 1093, patrolling is, of course, conduct, not speech, and therefore is not directly protected by the First Amendment. It is because picketing includes patrolling that neither Thornhill nor cases that followed it lend N50* 'support to the contention that peaceful picketing is beyond legislative control.' Giboney v. Empire Storage & Ice Co., 336 U.S. 490, 499—500, 69 S.Ct. 684, 690, 689, 93 L.Ed. 834. Cf. Schneider v. State, 308 U.S. 147, 160—161, 60 S.Ct. 146, 150, 84 L.Ed. 155. However, when conduct not constitutionally protected, like patrolling, is intertwined, as in picketing, with constitutionally protected free speech and press, regulation of the non-protected conduct may at the same time encroach on freedom of speech and press.
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