Author Question: Was the 50-foot provision justified by the state's interest in preventing ... (Read 48 times)

beccaep · **on:** Jun 24, 2018

Was the 50-foot provision justified by the state's interest in preventing violence?

Question 2

Assess the fairness of the ex parte temporary restraining order granted on March 14.

randomguy133 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Two picketers standing within 50 feet of one another do not forebode violence. The state's position is untenable.

Answer to Question 2

Ex parte proceedings, where the court issues a temporary restraining order based on affidavits from a company, without the union being present to argue its view and without the presence or cross-examination of witnesses, have proven to be very damaging to unions. They cause the interruption of picketing activities and the loss of momentum for the union. To prevent this, federal courts ordinarily do not have jurisdiction to issue injunctions under the Norris-LaGuardia Act.