American Steel Foundries v. Tri-City Central Trades Council

American Steel Foundries v. Tri-City Central Trades Council, 257 U.S. 184 (1921), was a United States Supreme Court case in which the court held that picketing by more the one person at an entrance or exit to a struck business was not protected by the Clayton Antitrust Act of 1914. The court said that it was inherently a form of intimidation no matter how orderly the picket was.[1][2]

American Steel Foundries v. Tri-City Central Trades Council
Argued January 17, 1919
Reargued October 5, 1920
Reargued October 4–5, 1921
Decided December 5, 1921
Full case nameAmerican Steel Foundries v. Tri-City Trades Council, et al.
Citations257 U.S. 184 (more)
Holding
Labor pickets are inherently intimidation. Only one person should be allowed at each entrance and exit of a business being struck.
Court membership
Chief Justice
William H. Taft
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Willis Van Devanter
Mahlon Pitney · James C. McReynolds
Louis Brandeis · John H. Clarke
Case opinions
MajorityTaft, joined by Day, Holmes, McKenna, McReynolds, Pitney, Van Devanter
ConcurrenceBrandeis
DissentClarke
Superseded by
Thornhill v. Alabama

This case was later superseded by cases like Thornhill v. Alabama (1940), which held that picketing was protected under free speech and the First Amendment.[3]

See also

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References

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  1. ^ "Pickets Must Not Molest Worker" (PDF). www.proquest.com. The New York Times. Dec 6, 1921. Archived from the original on February 2, 1922. Retrieved 2025-02-03.
  2. ^ "American Steel Foundries v. Tri-City Trades Council, 257 U.S. 184 (1921)". Justia Law. Retrieved 2025-02-03.
  3. ^ Ball, Howard. Hugo L. Black: Cold Steel Warrior. Oxford University Press. 2006. ISBN 0-19-507814-4. Page 202.
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Text of American Steel Foundries v. Tri-City Central Trades Council, 257 U.S. 184 (1921) is available from: Google Scholar Justia Library of Congress