police department chicago mosley argued january decided june city ordinance prohibiting picketing within feet school except peaceful picketing school involved labor dispute found appeals unconstitutional overbroad held violative equal protection clause fourteenth amendment since makes impermissible distinction peaceful labor picketing peaceful picketing pp affirmed marshall delivered opinion burger douglas brennan stewart white powell joined burger filed concurring opinion post blackmun rehnquist concurred result richard curry argued cause petitioners briefs william quinlan edmund hatfield harvey barnett argued cause respondent brief ronald barnard hal brown justice marshall delivered opinion issue case constitutionality following chicago ordinance person commits disorderly conduct knowingly pickets demonstrates public way within feet primary secondary school building school session hour school session hour school session concluded provided subsection prohibit peaceful picketing school involved labor dispute municipal code march chapter passed become effective april seeing newspaper announcement new ordinance mosley contacted chicago police department find ordinance affect told picketing continued arrested april day ordinance became effective mosley ended picketing next school thereafter brought action district northern district illinois seeking declaratory injunctive relief pursuant alleged violation constitutional rights statute punished activity protected first amendment exempting peaceful labor picketing general prohibition picketing statute denied equal protection law violation first fourteenth amendments hearing district granted directed verdict dismissing complaint seventh circuit reversed holding ordinance prohibited even peaceful picketing next school overbroad therefore patently unconstitutional face granted certiorari consider case along grayned city rockford post almost identical ordinance upheld illinois affirm judgment seventh circuit although decide case ground reached hold ordinance unconstitutional makes impermissible distinction labor picketing peaceful picketing city chicago exempts peaceful labor picketing general prohibition picketing next school question consider whether selective exclusion public place permitted answer chicago treats picketing differently others analyze ordinance terms equal protection clause fourteenth amendment course equal protection claim case closely intertwined first amendment interests chicago ordinance affects picketing expressive conduct moreover classifications formulated terms subject picketing equal protection cases however crucial question whether appropriate governmental interest suitably furthered differential treatment see reed reed weber aetna casualty dunn blumstein central problem chicago ordinance describes permissible picketing terms subject matter peaceful picketing subject school dispute permitted peaceful picketing prohibited operative distinction message picket sign else first amendment means government power restrict expression message ideas subject matter content cohen california street new york new york times sullivan cases cited naacp button wood georgia terminiello chicago de jonge oregon permit continued building politics culture assure individual people guaranteed right express thought free government censorship essence forbidden censorship content control restriction expressive activity content completely undercut profound national commitment principle debate public issues uninhibited robust new york times sullivan supra necessarily equal protection clause mention first amendment government may grant use forum people whose views finds acceptable deny use wishing express less favored controversial views may select issues worth discussing debating public facilities equality status field ideas government must afford points view equal opportunity heard forum opened assembly speaking groups government may prohibit others assembling speaking basis intend say selective exclusions public forum may based content alone may justified reference content alone guided principles frequently condemned discrimination among different users medium expression niemotko maryland group jehovah witnesses denied permit use city park bible talks although political religious groups allowed put park analogous uses concluding permit denied city dislike disagreement witnesses views held permit refusal violated right equal protection laws exercise freedoms speech religion protected first fourteenth amendments followed niemotko fowler rhode island jehovah witnesses refused permission conduct religious services park although religious groups permitted similarly potential use instruments selectively suppressing points view condemned licensing schemes lodge broad discretion public official permit activity see shuttlesworth birmingham cox louisiana staub city baxley cases cited saia new york late justice black thought picketing method expressing idea also conduct subject broad state regulation nevertheless recognized deficiencies laws like chicago ordinance thrust opinion concurring cox louisiana specifically permitting picketing publication labor union views prohibiting sorts picketing louisiana attempting pick choose among views willing discussed streets thus trying prescribe law matters public interest people allows assemble streets may may discuss seems censorship odious form unconstitutional first fourteenth amendments deny appellant group use streets views racial discrimination allowing groups use streets voice opinions subjects also amounts think invidious discrimination forbidden equal protection clause fourteenth amendment ii say picketing must always allowed continually recognized reasonable time place manner regulations picketing may necessary significant governmental interests cox new hampshire poulos new hampshire cox louisiana cox louisiana adderley florida similarly equal protection analysis may sufficient regulatory interests justifying selective exclusions distinctions among pickets conflicting demands place may compel state make choices among potential users uses state may legitimate interest prohibiting picketing protect public order justifications selective exclusions public forum must carefully scrutinized picketing plainly involves expressive conduct within protection first amendment see thornhill alabama teamsters union newell garner louisiana harlan concurring judgment edwards south carolina cox louisiana supra food employees logan valley plaza white dissenting gregory chicago shuttlesworth birmingham discriminations among pickets must tailored serve substantial governmental interest cf williams rhodes iii case ordinance describes impermissible picketing terms time place manner terms subject matter regulation thus slip neutrality time place circumstance concern content never permitted spite chicago urges ordinance improper content censorship rather device preventing disruption school cities certainly substantial interest stopping picketing disrupts school crucial question however whether chicago ordinance advances objective manner consistent command equal protection clause reed reed although preventing school disruption city legitimate concern chicago determined peaceful labor picketing school hours undue interference school therefore equal protection clause chicago may maintain picketing disrupts school unless picketing clearly disruptive picketing chicago already permits cf tinker des moines school district wirta costa transit district cal peaceful labor picketing permitted justification prohibiting nonlabor picketing peaceful nonpeaceful peaceful nonlabor picketing however term peaceful defined obviously disruptive peaceful labor picketing chicago ordinance permits latter prohibits former unequal treatment exactly condemned niemotko maryland similarly reject city argument although permits peaceful labor picketing may prohibit nonlabor picketing class nonlabor picketing prone produce violence labor picketing predictions imminent disruption picketing involve judgments appropriately made individualized basis means broad classifications especially based subject matter freedom expression intersection guarantee equal protection rest soft foundation indeed government distinguish among picketers wholesale categorical basis system undifferentiated fear apprehension disturbance enough overcome right freedom expression tinker des moines school district labor picketing peaceful disorderly true picketing themes labor picketing peaceful less prone violence mosley solitary vigil seeking restrict nonlabor picketing clearly disruptive peaceful labor picketing chicago may prohibit nonlabor picketing school forum equal protection clause requires statutes affecting first amendment interests narrowly tailored legitimate objectives williams rhodes see generally dunn blumstein chicago may vindicate interest preventing disruption wholesale exclusion picketing one preferred subject given chicago tolerates labor picketing excesses nonlabor picketing may controlled broad ordinance prohibiting peaceful violent picketing excesses controlled narrowly drawn statutes saia new york focusing abuses dealing picketing regardless subject matter chicago ordinance imposes selective restriction expressive conduct far greater essential furtherance substantial governmental interest far tailored substantial governmental interest discrimination among pickets based content expression therefore equal protection clause may stand judgment affirmed footnotes terms statute exempts peaceful picketing school involved labor dispute undisputed exemption applies labor picketing school involved labor dispute discussions first protection intersection see kalven concept public forum cox louisiana sup rev emerson system freedom expression blasi prior restraints demonstrations rev van alstyne political speakers state universities constitutional considerations rev see also niemotko maryland meiklejohn political freedom constitutional powers people see also tinker des moines school district adderley florida carlson california wirta costa transit district cal bynum schiro supp ed la aff east meadow assn board education matter madole barnes crowthers litigation ellis dixon cf flower kalven concept public forum cox louisiana sup rev cf cox louisiana noted exemption labor picketing statute otherwise barring face street assemblies parades points fact statute reaches beyond mere traffic regulation restrictions expression city notes brief pp although civil rights movement understandably endeavored press service constitutional precedents developed labor relations litigation important differences labor picketing picketing civil rights groups labor picketing usually token picketing seldom leads disruption public peace hardly ever window smashing arson labor picketing carried without interrupting classes even distracting students know student demonstrations schools even demonstrations parents concerned citizens utterly different mass picketing smashed windows order day purpose demonstrations often bring educational process halt variety contexts said even though governmental purpose legitimate substantial purpose pursued means broadly stifle fundamental personal liberties end narrowly achieved shelton tucker standard course carefully applied first amendment interests involved schneider state de jonge oregon cantwell connecticut naacp button cox louisiana chicago argued labor exemption ordinance necessitated federal regulation labor relations city recognizes national labor relations act specifically exempts subdivisions therefore cities public school boards definition employer within act nevertheless chicago urges argument still merit argues since observance employees private employers picket lines public employees repercussions federal sphere city well advised avoid quagmire labor law labor relations exempting labor picketing ordinance reply brief attenuated interest best claim small administrative convenience perhaps merely confession legislative laziness justify blanket permission given labor picketing blanket prohibition applicable others chief justice burger concurring join opinion reservation language used discussion first amendment read context misleading numerous holdings attest fact first amendment literally mean guaranteed right express thought free government censorship statement subject qualifications example roth chaplinsky new hampshire see also new york times sullivan