thornhill state alabama argued february decided april james mayfield tuscaloosa joseph padway washington petitioner william loeb montgomery respondent justice murphy delivered opinion petitioner byron thornhill convicted circuit tuscaloosa county alabama violation section state code code section reads follows loitering picketing person persons without cause legal excuse therefor go near loiter premises place business person firm corporation association people engaged lawful business purpose intent influencing inducing persons trade buy sell business dealings employed persons firm corporation association picket works place business persons firms corporations associations persons purpose hindering delaying interfering injuring lawful business enterprise another shall guilty misdemeanor nothing herein shall prevent person soliciting trade business competitive business complaint petitioner set phrased substantially words statute first second counts charge petitioner without cause legal excuse near loiter premises brown wood preserving company intent purpose influencing others adopt one enumerated courses conduct third count charge petitioner picket works company purpose hindering delaying interfering injuring lawful business petitioner demurred complaint grounds among others section repugnant constitution amendment deprived right peaceful assemblage right freedom speech right petition redress demurrer far record shows ruled upon petitioner pleaded guilty circuit proceeded try case without jury one asked demanded close case state petitioner moved exclude testimony taken trial ground section violative constitution circuit overruled motion found petitioner loitering picketing charged complaint entered judgment accordingly judgment affirmed appeals considered constitutional question sustained section authority two previous decisions alabama courts city birmingham certiorari denied mfg cruise petition certiorari denied state case certiorari granted importance questions presented december proofs consist testimony two witnesses prosecution appears petitioner ing arrest seen company six eight men picket line plant brown wood preserving company weeks previously strike order issued union apparently affiliated american federation labor members four approximately one hundred employees plant since time picket line two picket posts six eight men maintained around plant hours day picket posts appear company property private entrance employees public road one witness explained practically employees live company property get mail post office company property union holds meetings company property demand ever made upon men come property testimony indicating nature dispute union preserving company course events led issuance strike order nature efforts conciliation company scheduled day plant resume operations one witnesses clarence simpson member union reporting plant day indicated approached petitioner told strike want anybody go work none employees said anything simpson testified thornhill employee threatened occasion testified thornhill aproached peaceful manner put fear appear mad turned went back house go work witness walden testified time thornhill clarence simpson talking one else present heard harsh words saw nothing threatening manner either man engaging activities petitioner arrested charged convicted described first freedom speech press secured first amendment abridgment among fundamental personal rights liberties secured persons fourteenth amendment abridgment state safeguarding rights ends men may speak think matters vital falsehoods may exposed processes education discussion essential free government independence confidence power free fearless reasoning communication ideas discover spread political economic truth noxious doctrines fields may refuted evil averted courageous exercise right free discussion abridgment freedom speech press however impairs opportunities public education essential effective exercise power correcting error processes popular government compare carolene products mere legislative preference one rather another means combatting substantive evils therefore may well prove quate foundation rest regulations aimed operation diminish effective exercise rights necessary maintenance democratic institutions imperative effective exercise rights claimed abridged courts circumstances substantiality reasons advanced support challenged regulations schneider state second section question must judged upon face finding petitioner general one specify testimony upon rested charges framed words statute must given like construction courts expressed intention narrowing construction put upon statute prior state decisions circumstances occasion go behind face statute complaint purpose determining whether evidence together permissible inferences drawn ever support conviction founded upon different precise charges upon charge made sheer denial due process de jonge oregon stromberg california state urges petitioner may complain deprivation rights follow record petitioner complain sweeping regulations challenged reason testing section face proof abuse power particular case never deemed requisite attack constitutionality statute purporting license dissemination ideas schneider state hague lovell griffin cases interpreted light facts indicate rule based upon assumption application license refused result imposition unlawful regulations rather derives appreciation character evil inherent licensing system power licensor john milton directed assault liberty unlicensed printing pernicious merely reason censure particular comments reason threat censure comments matters public concern merely sporadic abuse power censor pervasive threat inherent existence constitutes danger freedom discussion see near minnesota one might license asking may therefore call question whole scheme licensing prosecuted failure procure lovell griffin hague like threat inherent penal statute like question aim specifically evils within allowable area state control contrary sweeps within ambit activities ordinary circumstances constitute exercise freedom speech press existence statute readily lends harsh discriminatory enforcement local cuting officials particular groups deemed merit displeasure results continuous pervasive restraint freedom discussion might reasonably regarded within purview less effective restraint permissible less pernicious restraint freedom discussion imposed threat censorship accused arrest conviction statute sustain burden demonstrating state constitutionally written different specific statute covering activities disclosed charge evidence introduced schneider state regulations liberty free discussion concerned special reasons observing rule statute accusation evidence prescribes limits permissible conduct warns transgression stromberg california schneider state compare lanzetta new jersey third section applied state courts prohibit single individual walking slowly peacefully back forth public sidewalk front premises employer without speaking anyone carrying sign placard staff head stating fact employer employ union men affiliated american federation labor purpose described activity concededly advise customers prospective customers relationship existing employer employees thereby induce customers partronize employer city birmingham certiorari denied statute thus authoritatively construed applied leaves room exceptions based upon either number persons engaged proscribed activity peaceful character demeanor nature dispute employer restrained character accurateness terminology used notifying public facts dispute numerous forms conduct proscribed section subsumed two offenses first embraces activities cause legal excuse near loiter premises person engaged lawful business purpose influencing inducing others adopt certain enumerated courses action second place business person purpose hindering delaying interfering injuring lawful business enterprise another apparent one offenses comprehends every practicable method whereby facts labor dispute may publicized vicinity place business employer phrase cause legal excuse effective manner restrict breadth regulation words ascertainable meaning either inherent historical compare lanzetta new jersey courses action listed first offense urge others take comprehends many instances normally result merely publicizing without annoyance threat kind facts labor dispute intention hinder delay interfere lawful business element second offense likewise proved merely showing others reacted way normally expectable upon learning facts dispute vague contours term nowhere delineated employees others accordingly may found within purview term convicted engaging activities identical proscribed first offense sum whatever means used publicize facts labor dispute whether printed sign pamphlet word mouth otherwise activity without exception within inclusive prohibition statute long occurs vicinity scene dispute fourth think section invalid face freedom speech press guaranteed constitution embraces least liberty discuss publicly truthfully matters public concern without previous restraint fear subsequent punishment exigencies colonial period efforts secure freedom oppressive administration developed broadened conception liberties adequate supply public need information education respect significant issues times continental congress letter sent inhabitants quebec october referred great rights said last right shall mention regards freedom press importance consists besides advancement truth science morality arts general diffusion liberal sentiments administration government ready communication thoughts subjects consequential promotion union among whereby oppressive officers shamed intimidated honourable modes conducting affairs journal continental congress vol pp freedom discussion fulfill historic function nation must embrace issues information needed appropriate enable members society cope exigencies period circumstances times dissemination information concerning facts labor dispute must regarded within area free discussion guaranteed constitution hague schneider state see senn tile layers union recognized satisfactory hours wages working conditions industry bargaining position makes possible importance less interests business industry directly concerned health present generation yet unborn may depend matters practices single factory may economic repercussions upon whole region affect widespread systems marketing merest glance state federal legislation subject demonstrates force argument labor relations matters mere local private concern free discussion concerning conditions industry causes labor disputes appears us indispensable effective intelligent use processes popular government shape destiny modern industrial society issues raised regulations challenged infringing upon right employees effectively inform public facts labor dispute part larger problem concur observation justice brandeis speaking senn case page page union might without special statutory authorization state make known facts labor dispute freedom speech guaranteed federal constitution true rights employers employees conduct economic affairs compete others share products industry subject modification qualification interests society exist instance power state set limits permissible contest open industrial combatants see justice brandeis duplex printing press deering page follow state dealing evils arising industrial disputes may impair effective exercise right discuss freely industrial relations matters public concern contrary conclusion used support abridgment freedom speech press concerning almost every matter importance society range activities proscribed section whether characterized picketing loitering otherwise embraces nearly every practicable effective means whereby employees directly enlighten public nature causes labor dispute safeguarding means essential securing informed educated public opinion respect matter public concern may effective exercise means advancing public knowledge may persuade reached refrain entering advantageous relations business establishment scene dispute every expression opinion matters important potentiality inducing action interests one rather another group society group power moment may impose penal sanctions peaceful truthful discussion matters public interest merely showing others may thereby persuaded take action inconsistent interests abridgment liberty discussion justified clear danger substantive evils arises circumstances affording opportunity test merits ideas competition acceptance market public opinion hold danger injury industrial concern neither serious imminent justify sweeping proscription freedom discussion embodied section state urges purpose challenged statute protection community violence breaches peace asserts concomitants picketing power duty state take adequate steps preserve peace protect privacy lives property residents doubted clear present danger destruction life property invasion right privacy breach peace thought inherent activities every person approaches premises employer publicizes facts labor dispute involving latter concerned picketing en masse otherwise conducted might occasion imminent aggravated danger interests justify statute narrowly drawn cover precise situation giving rise danger compare american steel foundries council section question aim specifically serious encroachments interests evidence care balancing interests interest community individual freedom discussion matters public concern enough say section limited restricted application activity takes place scene labor dispute streets natural proper places dissemination information opinion one exercise liberty expression appropriate places abridged plea may exercised place schneider state hague danger breach peace serious invasion rights property privacy scene labor dispute sufficiently imminent cases warrant legislature determining place appropriate range activities outlawed section reversed justice mcreynolds opinion judgment affirmed footnotes petitioner first charged convicted inferior tuscaloosa county sentenced imprisonment days default payment fine one hundred dollars costs upon appeal circuit another complaint filed trial de novo pursuant local practice circuit sentenced petitioner upon conviction imprisonment days default payment fine one hundred dollars costs state alabama solicitor complains byron thornhill within twelve months commencement prosecution without cause legal excuse therefor go near loiter premises place business another person firm corporation association people brown wood preserving company corporation engaged lawful business purpose intent influencing inducing persons trade buy sell business dealings employed said brown wood preserving company corporation purpose hindering delaying interfering injuring lawful business enterprise said brown wood preserving company corporation second count identical first except last clause charging purpose hinder delay interfere lawful business preserving company omitted state alabama solicitor complains byron thornhill within twelve months commencement prosecution picket works place business another person firm corporation association people brown wood preserving company corporation purpose hindering delaying interfering injuring lawful business enterprise said brown wood preserving company corporation petitioner also moved exclude testimony ground insufficient sustain conviction upon asked whether insisted ground however counsel petitioner stated question wanted raise constitutionality statute appeals stated seems clear enough evidence adduced upon trial sufficient bring appellant actions prosecuted within purview prohibition implied said statute conceded able counsel representing appellant question involved appeal constitutionality vel non section code alabama evidence offered behalf petitioner simpson walden entire accord respect number persons present conversation simpson petitioner possible inference simpson testimony considered petitioner company six eight others conversation took place difference material view case schneider state lovell griffin de jonge oregon grosjean american press near minnesota stromberg california gitlow new york see palko connecticut trial merely found petitioner loitering picketing charged complaint appeals determined merely evidence sufficient support conviction section see note supra sustained judgment reliance upon city birmingham certiorari denied mfg cruise compare electric bond share smith cahoon gundling chicago lehon atlanta hall record case bar permits inference picketing carried several weeks six eight men two picket posts section enforced anyone petitioner union president conversation simpson thereupon returned home rather report work distinguished commentator observed liberty press might rendered mockery delusion phrase every man liberty publish pleased public authorities might nevertheless punish harmless publications cooley const see madison report virginia resolutions ell address conduct maryland convention employer fact locked union stagehands working others regularly employed stagehands admitted violation national industrial recovery act stat accused asserted application section particular facts case deprived rights guaranteed fourteenth amendment appeals passed upon constitutional question decided adversely contentions accused proviso herein shall prevent person soliciting trade business competitive business far phrase may given meaning state courts apparently grants authority jury consider defensive matter brought forward accused depending sufficiency upon rules general application upon peculiar facts case see owens state bailey state folmar state compare city birmingham certiorari denied direct evidence case bar show activity petitioner accompanied necessary intent purpose fact one employee talking petitioner refrained reporting work planned evidence employee acquainted facts prior conversation petitioner state concedes however section everyone must deemed intend natural probable consequences acts see jacobs state reed state weeks state certiorari denied worrell state certiorari denied see hellerstein picketing legislation courts picketer may merely observe workers customers communicate information strike progress making either true untrue libelous statements persuade employees customers engage relations employer use banners without speaking carrying true untrue libelous legends speaking calm dispassionate manner ii heated hostile manner iii using abusive epithets profanity iv yelling loudly persisting making arguments employees customers refuse listen offering money similar inducements strike breakers threaten employees customers mere presence picketer presence may threat physical violence ii social ostracism branded community iii trade employees boycott preventing workers securing employment refusing trade customers iv threatening injury property verbal threats assaults use violence destruction property blocking entrances interference traffic picketer may engage combination types conduct enumerated picketing may carried singly groups may directed employees alone customers alone may involve persons contracts employer stromberg california near minnesota lovell griffin hague schneider state see duniway development freedom press massachusetts et seq tyler literary history american revolution passim bancroft history schofield freedom press proc sociol soc see senn tile layers union ethyl gasoline term national labor relations board newport news west coast hotel parrish nebbia new york dorchy kansas eastern retail lumber dealers association aikens wisconsin holden hardy see justice holmes schenck page page abrams page page fact activities petitioner arrested convicted took place private property preserving company without significance petitioner employees never treated trespassers assuming company owns substantial part town see supra section event must tested upon face