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Thornhill v. Alabama, 310 US 88 (1940)
Thornhill was a First Amendment case challenging an Alabama law making it illegal for anyone to loiter or picket on or near company premises.
"Section 3448. Loitering or picketing forbidden. -- Any person or persons, who, without a just cause or legal excuse therefor, go near to or loiter about the premises or place of business of any other person, firm, corporation, or association of people, 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 such persons, firm, corporation, or association, or who picket the works or place of business of such other persons, firms, corporations, or associations of persons, for the purpose of hindering, delaying, or interfering with or injuring any lawful business or enterprise of another, shall be guilty of a misdemeanor; but nothing herein shall prevent any person from soliciting trade or business for a competitive business."
The Alabama state courts construed the law to include publicizing facts about labor disputes in the vicinity of the business being picketed, regardless of the number of people involved or the peaceful nature of the assembly, on the grounds that such behavior constituted "restraint of trade."
The Supreme Court held that the state law was overbroad and unconstitutional on its face, in that it infringed on the workers' First Amendment rights.
In Thornhill, the exact nature of the dispute was not part of the case; the only issue was whether unions had a right to picket in front the business, in violation of Alabama law, as a means of bringing attention to their strike. The Court held that it was of vital importance for the workers to be able to communicate their concerns, and that the state could not abrogate the right to peaceable assembly or freedom of speech.
Justice James C. McReynolds was the sole dissenter in the case, but his opinion consisted of a single statement: "Mr Justice McReynolds is of the opinion that the judgment below should be affirmed."
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