''Thornhill v. Alabama'', 310 U.S. 88 (1940), is a

US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...

case of a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

. It reversed the conviction of the president of a local union for violating an

Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...

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 Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognise ...

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.

Facts

Byron Thornhill was convicted of "

loitering Loitering is the act of standing or waiting around idly without apparent purpose in some public places. While the laws regarding loitering have been challenged and changed over time, loitering of suspect people can be illegal in some jurisdict ...

picketing Picketing is a form of protest in which people (called pickets or picketers) congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in (" crossing the pi ...

" near a place of business, pursuant to § 3448 of the 1923 Code of Alabama. 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 The American Federation of Labor (A.F. of L.) was a national federation of labor unions in the United States that continues today as the AFL-CIO. It was founded in Columbus, Ohio, in 1886 by an alliance of craft unions eager to provide mutual ...

. After his conviction in the Inferior Court of Tuscaloosa County, he appealed to the

Circuit Court Circuit courts are court systems in several common law jurisdictions. It may refer to: * Courts that literally sit 'on circuit', i.e., judges move around a region or country to different towns or cities where they will hear cases; * Courts that s ...

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 An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellat ...

affirmed the rulings of the two lower courts. The Alabama Supreme Court denied Thornhill's petition for

certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...

, 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. # 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. # 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.

Judgment

The majority opinion reversed the lower courts' rulings by citing the freedoms of

speech Speech is the use of the human voice as a medium for language. Spoken language combines vowel and consonant sounds to form units of meaning like words, which belong to a language's lexicon. There are many different intentional speech acts, suc ...

and the press granted in the

first amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...

, and secured by the fourteenth. The court also found the Alabama statute to be invalid on its face.

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.Ball, Howard. Hugo L. Black: Cold Steel Warrior. Oxford University Press. 2006. . Page 202.

Notes

References

* St. Antoine, Theodore J.
''Justice Frank Murphy and American labor law''

Michigan Law Review The ''Michigan Law Review'' is an American law review and the flagship law journal of the University of Michigan Law School. History The ''Michigan Law Review'' was established in 1902, after Gustavus Ohlinger, a student in the Law Department ...

(100 MLR 1900, June 1, 2002).

External links

* *
Code of Alabama 1975
{{US1stAmendment Freedom of Speech Clause Supreme Court case law, state=collapsed 1940 in United States case law United States Supreme Court cases United States Free Speech Clause case law United States labor case law 1940 in Alabama Legal history of Alabama Tuscaloosa County, Alabama American Federation of Labor United States Supreme Court cases of the Hughes Court 1940 in labor relations