Chicago Police Dept. v. Mosley
Chicago Police Dept. v. Mosley, 408 U.S. 92 (1972), was a United States Supreme Court case.
Chicago Police Dept. v. Mosley | |
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Argued January 19, 1972 Decided June 26, 1972 | |
Full case name | Police Department of the City of Chicago et al. v. Mosley. |
Citations | 408 U.S. 92 (more) 92 S. Ct. 2286; 33 L. Ed. 2d 212 |
Case history | |
Prior | 432 F.2d 1256 (7th Cir. 1970); cert. granted, 404 U.S. 821 (1971). |
Holding | |
A city ordinance prohibiting all picketing within 150 feet of a school, unless the school is undergoing a labor dispute, is unconstitutional under the First and Fourteenth Amendments. | |
Court membership | |
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Case opinions | |
Majority | Marshall, joined by Douglas, Brennan, Stewart, White, Powell |
Concurrence | Burger, Blackmun, joined by Rehnquist |
Background
Earl Mosley had frequently picketed the Jones Commercial High School in Chicago with a sign that read: "Jones High School practices black discrimination. Jones High School has a black quota." After seven months of his peaceful protests against what he perceived to be discrimination against African American students, an ordinance was passed banning picket during school hours unless it involved a labor dispute.
Opinion of the court
In an opinion by Justice Marshall, the Court ruled that the Chicago's ordinance prohibiting non-labor pickets on school property violated the First Amendment's Freedom to Protest, as well as the Fourteenth Amendment of equal protection under the law.[1]
This decision was influenced by the precedents of past Supreme Court decisions such as Cox v. Louisiana (1965).[2]
References
External links
- Text of Chicago Police Dept. v. Mosley, 408 U.S. 92 (1971) is available from: Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)