• Last updated on November 11, 2022

The Supreme Court declared that peaceful labor union picketing was protected by the First Amendment.

Justice Frank MurphyMurphy, Frank;Thornhill v. Alabama[Thornhill v. Alabama] wrote the opinion for the 8-1 majority, striking down an Alabama statute that prohibited all forms of labor union picketing. The Supreme Court clearly held that the First Amendment guarantee of the right “peaceably to assemble” would apply to labor union picketing. The qualifier “peaceably” meant states could enact specific limitations on the time, place, and manner of labor union picketing as they could for other demonstrations, but they could not simply ban all picketing as Alabama had. Justice James C. McReynolds dissented.Assembly, freedom of;Thornhill v. Alabama[Thornhill v. Alabama]Labor;Thornhill v. Alabama[Thornhill v. Alabama]

Assembly and association, freedom of

First Amendment

Hague v. Congress of Industrial Organizations

Labor

Speech and press, freedom of

Time, place, and manner regulations

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