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Hudgens v. NLRB ( docket #: 74-773) (1976)  [Findlaw]

Secondary Link Hudgens v. NLRB  [Legal Information Institute]
Argument Date 10/14/1975
Decided 03/03/1976
Supreme Court Vote 6-2
Note Overruled Amalgamated Employees Union Local 590 v. Logan Valley Plaza, Inc. (1968)
Supreme Court Ruling First Amendment claim denied.
IssueWhether striking union members have a First Amendment free speech right to picket inside a shopping center in order to advertise their strike against the owner of one of the stores.
Case Summary & Additional Resources
Majority Opinion Stewart, J. (joined by Burger, C.J., Blackmun, J., Powell, J., and Rehnquist, J.)
Concurring Opinion Powell, J. (joined by Burger, C.J.) & White, J.
Dissenting Opinion Marshall, J. (joined by Brennan, J.)
Lower Court 5th Circuit
Lower Court Ruling First Amendment claim sustained.
For Petitioner
Lawrence M. Cohen

For Respondent
Laurence Gold argued the case for Respondent Local 315, Retail & Wholesale Department Store Union, AFL-CIO

Norton J. Come argued the case for the NLRB (with him on the brief were Solicitor General Bork and others.

For Amicus
Milton A. Smith; Richard B. Berman; Gerard C. Smetana; Jerry Kronenberg, Amicus Curiae Brief for the Chamber of Commerce urging reversal.

Opinion - Lower Court
Hudgens v. NLRB, 501 F.2d 161, (5th Cir., 1974)
"High Court Limits Picketing," Los Angeles Times, March 4, 1976, p. 1
"Shopping Center Pickets Limited by High Court," New York Times, March 4, 1976, p. 21
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