Supreme Court of the United States

American Federation of Labor v. Swing

February 10, 1941312 U.S. 321

Summary

The Court held that a state rule prohibiting peaceful picketing or persuasion by persons who are not employees of the employer violates the First Amendment, and therefore reversed the Illinois injunction. Justice Roberts dissented, arguing the writ should be dismissed or the judgment affirmed.

Holding

  • Whether a state common‑law rule forbidding peaceful picketing or persuasion by persons who are not in a direct employer‑employee dispute violates the First Amendment right to free speech.. The rule is unconstitutional; the permanent injunction is reversed.

Docket 56

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