Author Question: What defense of the statute was made by the state? How was the defense disposed ... (Read 36 times)

corkyiscool3328

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What defense of the statute was made by the state? How was the defense disposed of?

Question 2

Did the Supreme Court hold Section 3448 invalid on its face?



lkanara2

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Answer to Question 1

The state said that the purpose of the statute was to protect the community from violence attendant upon picketing pressure, that it was a proper exercise of police power, and, finally, that the Section applied only to the scene of labor dispute.
The Court rejected these contentions on the following grounds:
(a) Picketing presents no clear and present danger to property or persons.
(b) The streets are proper places for dissemination of information, and one is not to have the exercise of his liberty of expression in appropriate places abridged on the plea that it may be exercised in some other place.

Answer to Question 2

Yes. The Supreme Court held Section 3448 invalid as preventing free communication.



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