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In Re Green, 369 U.S. 689 (1962)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
In Re Green, 369 U.S. 689 (1962)
In re Green No. 312 Argued April 9, 1962 Decided May 21, 1962 369 U.S. 689
CERTIORARI TO THE SUPREME COURT OF OHIO
Syllabus
An employer who was engaged in a labor dispute with a union which dispute was the subject of an unfair labor practice charge pending before the National Labor Relations Board sued in a state court to enjoin peaceful picketing by the union, and the state court issued a restraining order without a hearing. Petitioner, who was counsel for the union, believed that the ex parte restraining order was invalid under state law, and that the controversy was within the exclusive jurisdiction of the National Labor Relations Board, and he so advised the union and also advised it that the best way to test the order was to continue picketing and, if the pickets were held in contempt, to appeal or to test any order of commitment by habeas corpus. The union followed petitioner’s advice, and the court held petitioner in contempt for disobeying or resisting its restraining order. Although petitioner was given an opportunity to be heard, he was not allowed to testify in his own behalf, the proceeding being restricted to sentencing him for contempt.
Held: conviction of petitioner for contempt without a hearing and an opportunity to establish that the state court was acting in a field reserved for the National Labor Relations Board violated the Due Process Clause of the Fourteenth Amendment. Pp. 689-693.
172 Ohio St. 269, 175 N.E.2d 59, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," In Re Green, 369 U.S. 689 (1962) in 369 U.S. 689 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=FPBUHY4L9IG1R4W.
MLA: U.S. Supreme Court. "Syllabus." In Re Green, 369 U.S. 689 (1962), in 369 U.S. 689, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FPBUHY4L9IG1R4W.
Harvard: U.S. Supreme Court, 'Syllabus' in In Re Green, 369 U.S. 689 (1962). cited in 1962, 369 U.S. 689. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=FPBUHY4L9IG1R4W.
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