Legal Opinion

American Federation of Labor v. Swing

Supreme Court of the United States

Decided March 10, 1941No. 56PublishedCited by 409 opinions

1Opinion of the CourtJustice Frankfurter

In Milk Wagon Drivers Union v. Meadowmoor Dairies, ante, p. 287, we held that acts of picketing when blended with violence may have a significance which neutralizes the constitutional immunity which such acts would have in isolation. When we took this case, 310 U. S. 620, it seemed to present a similar problem. More thorough study of the record and full argument have reduced the issue to this: is the constitutional guarantee of freedom of discussion infringed by the common law policy of a state forbidding resort to peaceful persuasion through picketing merely because there is no immediate…

2Cases cited7 opinions

  1. Thornhill v. AlabamaSupreme Court of the United States · 1940
  2. Schneider v. State (Town of Irvington)Supreme Court of the United States · 1939
  3. American Steel Foundries v. Tri-City Central Trades CouncilSupreme Court of the United States · 1921
  4. Herndon v. LowrySupreme Court of the United States · 1937
  5. Senn v. Tile Layers Protective UnionSupreme Court of the United States · 1937

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3Cited by409 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  3. Babbitt v. United Farm Workers National UnionSupreme Court of the United States · 1979
  4. Shelley v. KraemerSupreme Court of the United States · 1948
  5. Carey v. BrownSupreme Court of the United States · 1980

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