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
Argued January 19, 1972
Decided June 26, 1972
Full case namePolice Department of the City of Chicago et al. v. Mosley.
Citations408 U.S. 92 (more)
92 S. Ct. 2286; 33 L. Ed. 2d 212
Case history
Prior432 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
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityMarshall, joined by Douglas, Brennan, Stewart, White, Powell
ConcurrenceBurger, 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

  1. Chicago Police Dept. v. Mosley, 408 U.S. 92, 95 (1972).
  2. Mosley, 408 U.S. at 97, citing Cox v. Louisiana, 379 U.S. 536 (1965).
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