Thornhill v. Alabama
Thornhill v. Alabama is a landmark Supreme Court case that addressed the constitutionality of labor union picketing under the First Amendment. The Court, in an 8-1 decision authored by Justice Frank Murphy, struck down an Alabama law that entirely prohibited picketing by labor unions. This case established that the right "peaceably to assemble" includes the right to engage in picketing as a form of expression. However, the ruling also recognized that states have the authority to impose reasonable restrictions concerning the time, place, and manner of picketing, aligning with regulations applicable to other forms of public demonstration. The dissenting opinion, written by Justice James C. McReynolds, raised concerns about the implications of this decision. Thornhill v. Alabama is significant as it reinforced the protections afforded to labor rights and collective action while also emphasizing the balance between free expression and state interests. This ruling has had lasting effects on labor movements and the interpretation of First Amendment rights in the United States.
Thornhill v. Alabama
Date: April 22, 1940
Citation: 310 U.S. 88
Issues: Freedom of assembly; labor
Significance: The Supreme Court declared that peaceful labor union picketing was protected by the First Amendment.
Justice Frank Murphy wrote the opinion for the 8-1 majority, striking down an Alabama statute that prohibited all forms of labor union picketing. The Supreme Court clearly held that the First Amendment guarantee of the right “peaceably to assemble” would apply to labor union picketing. The qualifier “peaceably” meant states could enact specific limitations on the time, place, and manner of labor union picketing as they could for other demonstrations, but they could not simply ban all picketing as Alabama had. Justice James C. McReynolds dissented.
![Justice Frank Murphy of the U.S. Supreme Court. By Harris & Ewing [Public domain], via Wikimedia Commons 95330425-92608.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95330425-92608.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS)
