HeinOnline -- 17 U. Chi. L. Rev. 2 1949-1950
UNIVERSITY OF CIDCAGO LAW REVIEW
unanimous decision in the
case upheld restrictions on peaceful picketing; the
case upheld a Nebraska anti-closed-shop statute.While both have a quality
case in particularbegins a major new chapter in the constitutional law
opens wide for discussion the question of how far governments may
inrestraining picketing. However, in terms of immediate results the
decision, involving the extent to which the right to strike is protected
the Wagner and Taft-Hartley Acts, has proved the most important caseof the year; for already three states have found in
an apparently unlimited right to forbid strikes.
other two cases of most significance are
case called for the first determination
the Court of the extent
which the states are limited
the 14th Amendment in making unreasonable searches and seizures. The Court in effectcompromised on the issue, holding
the states are forbidden as a
ter of due process from permitting unreasonable searches and seizures,
evidence thus obtained would be admissible.
case, an unfrocked priest sponsored
Smith made somenasty observations in a Chicago auditorium to a group of adherents.
place was surrounded
a hostile crowd. 'Lhe speaker was convicted ofdisorderly conduct, essentially for having incited the mobs within
setting aside his conviction, the Court was faced with
vital problem: Under
circumstances, if any,
speech be suppressed because
incites those who hear to lawless acts against the speaker and his adherents?
the general counsels
the two major labor federations sent briefmemoranda to their executive committees
the close of the
termof the Supreme Court, those memoranda could well have read somethinglike this: ·
To the Executive Committee
the AFL (or CIO):
is now apparent
organized labor cannot rely upon the federal courts to setaside the restrictive labor legislation
escape hostile legislation hereafter, we must rely even more heavily than before upon political rather
• 335 U.S.
(r949). A related case was AFL v. American Sash
Ct. I359 (I949). s
Ct. 894 (I949).