John Nash v. Delbert Chandler, the City of Tyler, Texas, and Willie Hardy, Chief of Police, Etc., and the State of Texas

JOHN R. BROWN, Circuit Judge:

The constitutional challenge raised by the union in this case is essentially the same as the challenge raised by the Texas Farm Workers Union in Gault v. Texas Citrus and Vegetable Assn., 848 F.2d 544 (5th Cir.1988). For reasons more fully discussed in that opinion, article 5154d § 1, so far as it extends to mass picketing as defined in article 5154d § 1(1) is unconstitutionally overbroad and cannot stand. Article 5154d § 2 is readily subject to a narrowing construction by the Texas state courts and thus is not substantially overbroad.

I. Procedural Background

This…