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Thornhill v. Alabama
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Thornhill v. Alabama : ウィキペディア英語版
Thornhill v. Alabama

''Thornhill v. Alabama'', 310 U.S. 88 (1940), was a United States Supreme Court case heard in 1938 and decided in 1940. It reversed the conviction of the president of a local union for violating an Alabama 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 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.〔Ball, Howard. Hugo L. Black: Cold Steel Warrior. Oxford University Press. 2006. ISBN 0-19-507814-4. Page 202.〕
==Background==
Byron Thornhill was convicted of "loitering or picketing" 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. After his conviction in the Inferior Court of Tuscaloosa County, he appealed to the Circuit Court 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 affirmed the rulings of the two lower courts. The Alabama Supreme Court denied Thornhill's petition for certiorari, but the U.S. Supreme Court subsequently granted the petition.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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