picketing

picketing involves elements of both speech and conduct, i.e., patrolling, and because of this intermingling of protected and unprotected elements, picketing can be subjected to controls that would not be constitutionally permissible in the case of pure speech

Picketing by members of a trade union or strikers, consists in posting members at all the approaches to the works struck against for the purpose of reporting the workman going to or coming from the works; and to use such influence as may be in their power to prevent the workman from accepting work there. Dav. Friend. Soc. 212. It is the establishment and maintenance of an organized espionage upon the works and upon those going to or coming from them. Otis Steel Co. v. Union No. 218, 110 Fed. 701. It may constitute an intimidation of the employees and patrons of the person whose establishment is picketed; Goldberg, Bowen & Co. v. Stablemen's Union, 149 Cal. 429, 86 Pac. 806, 8 L. R. A. (N. S.) 460, 117 Am. St. Rep. 145, 9 Ann. Cas. 1219; Otis Steel Co. v. Union No. 218, 110 Fed. 698. The massing of unnecessary numbers of pickets at a point which must be passed by non-union men is in itself an act of intimidation; though picketing, if confined to gaining information and to peaceful persuasion, is not forbidden by law; Goldfield Consol. Mines Co. v. Union No. 220, 159 Fed. 500. The carrying near a place of business of banners calling upon laborers to remain away from such place has been treated as a form of menace directed against those who might seek employment; Sherry v. Perkins, 147 Mass. 212, 17 N. E. 307, 9 Am. St. Rep. 689. See Labor Union; Strike; Boycott.