Brandenburg v. Ohio · ¶39
The act of praying often involves body posture and movement as well as utterances. It is nonetheless protected by the Free Exercise Clause. Picketing, as we have said on numerous occasions, is “free speech plus.” See Bakery Drivers Local v. Wohl, 315 U. S. 769, 775 (Douglas, J., concurring); Giboney v. Empire Storage Co., 336 U. S. 490, 501; Hughes v. Superior Court, 339 U. S. 460, 465; Labor Board v. Fruit Packers, 377 U. S. 58, 77 (Black, J., concurring), and id., at 93 (Harlan, J., dissenting); Cox v. Louisiana, 379 U. S. 559, 578 (opinion of Black, J.); Food Employees v. Logan Plaza, 391 U. S. 308, 326 (Douglas, J., concurring). That means that it can be regulated when it comes to the “plus” or “action” side of the protest. It can be regulated as to the number of pickets and the place and hours (see Cox v. Louisiana, supra), because traffic and other community problems would…Read in context ›
U. S. Reports, bound volume
U. S. Reports, volume 395, at 444 (Library of Congress) · transcription: Caselaw Access Project
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