Giboney v. Empire Storage & Ice Co. 336 U.S. 490 (1949)

AuthorMichael E. Parrish
Pages1192

Page 1192

Speaking through Justice HUGO L. BLACK, the Supreme Court unanimously sustained an INJUNCTION issued by a Missouri court against labor pickets who attempted to pressure a supplier of ice not to deal with nonunion peddlers. The pickets claimed that the injunction violated their right to FREEDOM OF SPEECH and also conflicted with THORNHILL V. ALABAMA (1940), where the Justices had protected peaceful PICKETING. The Court rejected these arguments, by pointing out that the dominant purpose of the picketing here was to induce a violation of state law forbidding agreements in RESTRAINT OF TRADE. The FIRST AMENDMENT, Black noted, does not protect speech used as part of conduct that violates a valid state criminal statute.

MICHAEL E. PARRIS...

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