Legal Opinion

People v. Bush

New York Court of Appeals

Decided May 4, 1976PublishedCited by 24 opinions

1Opinion of the CourtFuchsberg, J.

We are required to decide here whether picketing by union members in front of a store which sold the products of their employer was protected under the First Amendment to the Constitution despite the fact that it took place on private property and, if the picketing was not so protected, whether the jurisdiction of our State courts over conduct which constituted a violation of our criminal trespass statute is pre-empted by Federal labor law.

The defendants are employees of Lorenz Schneider Co., Inc., a company which distributes Wise Potato Chips and several similar products. Each services a…

2Cases cited25 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Kovacs v. CooperSupreme Court of the United States · 1949
  3. Cox v. New HampshireSupreme Court of the United States · 1941
  4. Marsh v. AlabamaSupreme Court of the United States · 1946
  5. Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America v. LockridgeSupreme Court of the United States · 1971

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3Cited by24 opinions

  1. Sears, Roebuck & Co. v. San Diego County District Council of CarpentersSupreme Court of the United States · 1978
  2. SHAD Alliance v. Smith Haven MallNew York Court of Appeals · 1985
  3. May Department Stores Co. v. Teamsters Union Local No. 743Illinois Supreme Court · 1976
  4. State v. LyonsTennessee Supreme Court · 1990
  5. People v. LeonardNew York Court of Appeals · 1984

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