An Ohio law that prohibits unions from urging people from picketing at public officials’ homes and workplaces during labor disputes is unconstitutional, the Ohio Supreme Court ruled Tuesday morning.
While the court was divided 4-3 in its reasoning, justices unanimously concluded that a decades-old law declaring the organization of picketing at private residences and businesses to be an unfair labor practice violates the First Amendment right of free speech.
“The regulation unmistakably restricts the particular views of particular speakers” and is unconstitutional, wrote Donnelly, a Democrat. Although Kennedy, a Republican, faulted the majority for focusing on the messages on the picketers’ signs when the law prohibits an individual from encouraging and inducing another to picket, she agreed that the law infringed on the right to free speech. Picketing is a form of expression, she wrote.The Portage County Educators Association for Developmental Disabilities represents service and support personnel.
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