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Constitutional Law Keyed to Choper
Hudgens v. NLRB
Citation:
424 U.S. 507 (1976)Facts
In January 1971, warehouse employees of the Butler Shoe Company went on strike and established picket lines at several locations, including the company’s retail store in the North DeKalb Shopping Center. The shopping center was privately owned by Scott Hudgens. When the picketers appeared at the shopping center, the general manager informed them that they could not picket within the mall and threatened them with arrest for trespassing if they did not leave. The union filed an unfair labor practice charge with the NLRB, claiming that the threat of arrest violated their rights under Section 7 of the NLRA. The case proceeded through administrative hearings and judicial review, with the central question being whether the First Amendment protected the picketers’ activities on private property that functionally served as a public space.
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