s business by striking employees and
others, through concerted action in picketing, displaying banners
advertising the strike, denouncing the employer as unfair to union
labor, appealing to customers to withdraw their patronage, and
circulating handbills containing abusive and libelous charges against
employers, employees, and patrons, and intimidations of injury to future
patrons, deprives the owner of the business and the premises of his
property without due process of law.
In Wolff Packing Co. _v._ Industrial Court, 262 U.S. 522 (1923); 267
U.S. 552 (1925) and in Dorchy _v._ Kansas, 264 U.S. 286 (1924), the
Court had also ruled that a statute compelling employers and employees
to submit their controversies over wages and hours of labor to State
arbitration was unconstitutional as part of a system compelling
employers and employees to continue in business on terms not of their
own making.
[158] 301 U.S. 468 (1937).
[159] Prudential Ins. Co. _v._ Cheek, 259 U.S. 530 (1922). In
conjunction with its approval of this statute, the Court also sanctioned
judicial enforcement by a State court of a local rule of policy which
rendered illegal an agreement of several insurance companies having a
monopoly of a line of business in a city that none would employ within
two years any man who had been discharged from, or left, the service of
any of the others.
[160] Chicago, R.I. & P.R. Co. _v._ Perry, 259 U.S. 548 (1922).
[161] Dorchy _v._ Kansas, 272 U.S. 306 (1926).
[162] 301 U.S. 468, 479 (1937).
[163] _See_ p. 1141.
[164] Cases disposing of the contention that restraints on picketing
amount to a denial of freedom of speech and constitute therefore a
deprivation of liberty without due process of law have been set forth
under Amendment I.
[165] 326 U.S. 88 (1945).
[166] Ibid. 94. Justice Frankfurter, concurring, declared that "the
insistence by individuals on their private prejudices * * *, in
relations like those now before us, ought not to have a higher
constitutional sanction than the determination of a State to extend the
area of nondiscrimination beyond that which the Constitution itself
exacts." Ibid. 98.
[167] 335 U.S. 525 (1949).
[168] 335 U.S. 538 (1949).
[169] 335 U.S. 525, 534, 537. In a lengthy opinion, in which he
registered his concurrence with both decisions, Justice Frankfurter set
forth extensive statistical data calculated to prove that labor unions
not only were possessed of consid
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