Hugo Black

“ The union brings pressure upon the employer with whom it has a dispute (called the 'primary' employer) by inducing the employees of another employer (called the 'secondary' employer) to go on strike-or the customers not to patronize-until the secondary employer stops dealing with the primary employer. ”

“ For the section itself contains a proviso which says that it shall not be construed 'to prohibit publicity, other than picketing, for the purpose of truthfully advising the public, including consumers * * * that a product or products are produced by an employer with whom * * * (the picketers have) a primary dispute * * *.' Thus, it is clear that the object of the picketing was to ask Safeway customers to do something which the section itself recognizes as perfectly lawful. ”

“ To peacefully picket the customer entrances, with a placard asking that the struck product not be bought, is another form. I fear that consumer picketing may also be the target of the words 'coerce, or restrain.' I fear that, in addition to the existing foreclosure of the union on strike from making any effective appeal to the employees of the so-called neutral employer, the union by this amendment is now to be effectively sealed off from even an appeal to the consumers.' 105 Cong.Rec. ”

“ Congress has given careful and continued consideration to the problems of labor-management relations, and its attempts to effect an accommodation between the right of unions to publicize their position and the social desirability of limiting a form of communication likely to have effects caused by something apart from the message communicated, are entitled to great deference. ”

“ The right to appeal to consumers by methods other than picketing asking them to refrain from buying goods made by nonunion labor and to refrain from trading with a retailer who sells such goods.
'Under the Landrum-Griffin bill it would have been impossible for a union to inform the customers of a secondary employer that that employer or store was selling goods which were made under racket conditions or sweatshop conditions, or in a plant where an economic strike was in progress. ”

“ The decision of Congress to prohibit secondary consumer picketing during labor disputes is, I believe, not inconsistent with the protections of the First Amendment, particularly when, as here, other methods of communication are left open. ”

“ Yet, while others are left free to picket for other reasons, those who wish to picket to inform Safeway customers of their labor dispute with the primary employer, are barred from picketing-solely on the ground of the lawful information they want to impart to the customers. ”

“ This reason for abridgment strikes me as being on a par with holding that governmental suppression of a newspaper in a city would not violate the First Amendment because there continue to be radio and television stations. First Amendment freedoms can no more validly be taken away by degrees than by one fell swoop. ”

“ The Court informs us that 'Peaceful consumer picketing to shut off all trade with the secondary employer unless he aids the union in its dispute with the primary employer, is poles apart from such picketing which only persuades his customers not to buy the struck product,' ante, p. ”

“ During Senate debate before passage of the Kennedy-Ervin bill, Senator Humphrey criticized an amendment proposed by Senator Goldwater to s 8 (b) (4) of the Taft-Hartley Act, which reflected the position of the Administration and was incorporated in substance in the Landrum-Griffin bill passed by the House. He said:
'To distribute leaflets at the premises of a neutral employer to persuade customers not to buy a struck product is one form of consumer appeal. ”

“ Because of the very nature of picketing there may be numbers of persons who will refuse to buy at all from a picketed store, either out of economic or social conviction or because they prefer to shop where they need not brave a picket line. ”

“ A summary analysis of Taft-Hartley amendments states that the House bill 'Prohibits secondary customer picketing at retail store which happens to sell product produced by manufacturer with whom union has dispute.' The Conference agreement, acc rding to this summary, 'Adopts House provision with clarification that other forms of publicity are not prohibited ”