Murphy, joined by Hughes, Stone, Roberts, Black, Reed, Frankfurter, Douglas
Dissent
McReynolds
Thornhill v. Alabama, 310 U.S. 88 (1940), is a
US labor law case of a
United States Supreme Court. It reversed the conviction of the president of a local union for violating an
Alabama statute that prohibited only labor picketing. Thornhill was peaceably picketing his employer during an authorized strike when he was arrested and charged. In reaching its decision, Associate Justice
Frank Murphy wrote for the Supreme Court that the
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 "
loitering or
picketing" near a place of business, pursuant to § 3448 of the 1923
Code of Alabama.[2] Thornhill had been charged with loitering near the Brown Wood Preserving Company with the "intent or purpose of influencing others" to interfere with lawful business during a strike by a local union affiliated with the
American Federation of Labor. After his conviction in the
Inferior Court of
Tuscaloosa County, he appealed to the
Circuit Court of Tuscaloosa County. He was originally fined "$100 and costs," but was sentenced to prison for 59 days after not paying. After he failed his appeal, the circuit court increased the prison time to 73 days. Furthermore, the
court of appeals affirmed the rulings of the two lower courts. The
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]