Murphy, joined by Hughes, Stone, Roberts, Black, Reed, Frankfurter, Douglas
Dissent
McReynolds
Thornhill v. Alabama, 310 U.S. 88 (1940), is a
free speech clause protects speech about the facts and circumstances of a labor dispute. The statute in the case prohibited all labor picketing, but Thornhill added peaceful labor picketing to the area protected by free speech.[1]
Facts
Byron Thornhill was convicted of "
Alabama Supreme Court denied Thornhill's petition for certiorari
, but the U.S. Supreme Court subsequently granted the petition.
Charges
The State of Alabama, by its Solicitor, complains of Byron Thornhill that, within twelve months before the commencement of this prosecution he did without just cause or legal excuse therefor, go near to or loiter about the premises or place of business of another person, firm, corporation, or association of people, to-wit: the Brown Wood Preserving Company, Inc., a corporation, engaged in a lawful business, for the purpose or with the intent of influencing or inducing other persons not to trade with, buy from, sell to, have business dealings with, or be employed by the said Brown Wood Preserving Company, Inc., a corporation, for the purpose of hindering, delaying, or interfering with or injuring the lawful business or enterprise of the said Brown Wood Preserving Company, Inc., a corporation.[2]
The State of Alabama, by its Solicitor, complains of Byron Thornhill that, within twelve months before the commencement of this prosecution he did without just cause or legal excuse therefor, go near to or loiter about the premises or place of business of another person, firm, corporation, or association of people, to-wit: the Brown Wood Preserving Company, Inc., a corporation, engaged in a lawful business, for the purpose or with the intent of influencing or inducing other persons not to trade with, buy from, sell to, have business dealings with, or be employed by the said Brown Wood Preserving Company, Inc., a corporation.[2]
The State of Alabama, by its Solicitor, complains of Byron Thornhill that, within twelve months before the commencement of this prosecution he did picket the works or place of business of another person, firm, corporation, or association of people, to-wit, the Brown Wood Preserving Company, Inc., a corporation, for the purpose of hindering, delaying, or interfering with or injuring the lawful business or enterprise of the said Brown Wood Preserving Company, Inc., a corporation.[2]
Judgment
The majority opinion reversed the lower courts' rulings by citing the freedoms of speech and the press granted in the first amendment, and secured by the fourteenth. The court also found the Alabama statute to be invalid on its face.[2]
Significance
Implicit in Thornhill was the idea that picketing could be curtailed if the picketers marched with signs that went beyond the issues in the particular labor dispute; this would come up in later cases.[3]
Works related to Thornhill v. Alabama at Wikisource