Police Dept. Of City of Chicago v. Mosley, 408 U.S. 92 (1972)

Police Department of the City of Chicago v. Mosley


No. 70-87


Argued January 19, 1972
Decided June 26, 1972
408 U.S. 92

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

City ordinance prohibiting all picketing within 150 feet of a school, except peaceful picketing of any school involved in a labor dispute, found by the Court of Appeals to be unconstitutional because overbroad, held violative of the Equal Protection Clause of the Fourteenth Amendment since it makes an impermissible distinction between peaceful labor picketing and other peaceful picketing. Pp. 94-102.

432 F.2d 1256, affirmed.

MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and DOUGLAS, BRENNAN, STEWART, WHITE, and POWELL, JJ., joined. BURGER, C.J., filed a concurring opinion, post, p. 102. BLACKMUN and REHNQUIST, JJ., concurred in the result.