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Frisby v. Schultz (1988)  [Findlaw]

Secondary Link Frisby v. Schultz  [Legal Information Institute]
Argument Date 04/20/1988
Decided 06/27/1988
Supreme Court Vote 6-3
Supreme Court Ruling Free Speech claim denied; the Wisconsin statute is not facially invalid under the First Amendment and does not ban all picketing in residential areas.
IssueWhether a Wisconsin ordinance making it "unlawful for any person to engage in picketing before or about the residence or dwelling of any individual," and declaring that the primary purpose of the ban is to "protect[t] and preserve[e] the home" violates freedom of speech and expression under the First Amendment.
Majority Opinion O’Connor,.J. (joined by Rehnquist, C.J., and Blackmun, Scalia, and Kennedy, JJ.)
Concurring Opinion White, J.
Dissenting Opinion Brennan, J. (joined by Marshall, J.), & Stevens, J.
Lower Court 7th Circuit
Lower Court Ruling Free Speech claim upheld.
For Petitioner
Harold H. Fuhrman

For Respondent
Steven Frederick McDowell

For Amicus
American Civil Liberties Union, American Federation of Labor and Congress of Industrial Organizations, and Rutherford Institute (supporting Respondents) American Life League, Inc. (as amici curiae)

National Institute of Municipal Law Officers, National League of Cities, and Pacifica Legal Foundation (supporting Petitioners)

Opinion - Lower Court
Schultz v. Frisby, 822 F.2d 642 (C.A.7 (Ill.) 1987)
"Excerpts From Rule in Picketing Ban Case," New York Times, Jun. 28, 1988, sect. A, pg. 18
"Picket Lines and Private Homes," The Washington Post, Jun. 29, 1988, sect. A, pg. 26
Kamen, Al, "High Court Backs Restrictions on Picketing, Justices, 5-4, Also Widen Immunity of Government Contractors, Supreme Court Restricts Residential Picketing," The Washington Post, Jun. 28, 1988, sect. A, pg. 1
Taylor, Stuart, "Picketing Restriction Upheld; Court Upholds Ban on Picketing a Home," New York Times, Jun. 28, 1988, sect. A, pg. 1
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