Chicago adopted an ordinance prohibiting picketing within 150 feet of a school during school hours; the law made an exception for peaceful labor picketing. Mosley had been picketing near a public high school; he was protesting "black discrimination." Mosley sought a declaration that the ordinance was unconstitutional.
Does the Chicago ordinance violate the freedom of speech Clause of the First Amendment?
The exemption for labor picketing violated the equal protection clause. Government regulation of message content is presumed unconstitutional unless there are compelling justifications. And regulations that selectively exclude speakers from a public forum must undergo careful judicial examination to ensure the minimal degree of furthering an important government interest. Mosley fashions an important principle from the values of freedom and equality: equal freedom of expression.
Decisions
Decision: 9 votes for Mosley, 0 vote(s) against Legal provision: Equal Protection
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Full Opinion by Justice Thurgood Marshall
