Preserving Freedom of Speech: Earl Mosley’s Battle for Expression

Chicago’s Controversial Picketing Ordinance

Chicago is a city that made an order prohibition of picketing within one hundred and fifty feet of a school “City ordinance prohibiting all picketing within 150 feet of a school, except peaceful picketing of any school involved in a labor dispute.” Earl Mosley, a plaintiff, often picketed Jones Commercial High School in Chicago. He protested against discrimination against African-Americans at the high school. The defendant, the Police Department of Chicago, notified Mosley that if he remained to picket, he would be under arrest.

Violation of the First Amendment: Mosley’s Fight for Justice

Mosley litigated in federal district court, calling for the law as a violation of the First Amendment. The district court discharged the complaint. However, the court of appeals went backward and held the law unconstitutional. The United States Supreme Court accepted certiorari. The case was argued on January 19, 1972. The constitutional question is, “Does the Chicago ordinance violate the freedom of speech Clause of the First Amendment?” Mosley stated that this violated his First Amendment, so he filed a suit in federal district court.

Court’s Analysis and Decision

“This ordinance was a violation of the First Amendment right to Freedom of Speech because it is overly broad.” As said, the district court discharged the complaint; however, the court of appeals went backward and held the law unconstitutional. The United States Supreme Court accepted certiorari. “On appeal, the Seventh Circuit Court of Appeals reversed, finding that the ordinance on its face violated Mr. Mosley’s rights to Freedom of Speech because the ordinance was overly broad.”

The members of the Burger Court had to make the decision, “I understand that the order of appearance is now by requested counsel will be Mr. Barnett first, Miss. Hal second, and Mr. Curry and then Mr. Quinlan, is that correct?”“Chicago argued below that the labor exemption in the ordinance was necessitated by federal preemption of the regulation of labor relations.” The verdict is that the discharge of labor picketing violated the equal protection clause. “….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 another peaceful picketing.”

Impact and Importance of Freedom of Speech

Mosley obtains a decisive standard from the values of freedom and equality: freedom of speech. He believes that anyone should be able to talk about something they think is wrong and try to fix that by showing their anger. But the Chicago Police are trying to say what he is doing is going to get him to jail; Mosley knows right and wrong and will not let anyone disrupt his protest about black discrimination right outside of school and will also do anything to make it legal.

Mosley’s protest and file suit had an impact; it affected education because he was on school grounds in Chicago at Jones Commercial High School. “The suit was brought by Earl Mosley, a federal postal employee, who for seven months prior to the enactment of the ordinance had frequently picketed Jones Commercial High School in Chicago”.

The picketing has been going on for seven months, which was the most talked about at the high school. “…the Chicago ordinance in protecting that substantial governmental interest from disturbance and distraction, I would hope that this Court would reverse the decision of the Court of Appeals for the Seventh Circuit…”. The verdict affects education today. There is no picketing with a hundred and fifty feet of a school. Picketing also has to be peaceful and not harm anyone. Picketing is an equal freedom of speech, even on school grounds. In conclusion, the decision was that the discharge of labor picketing violated the equal protection clause.

Freedom of speech is very much needed to make a change. Suppose something is not going as it is supposed to; speak up. No matter how bad the distraction is, power is key in order to make a difference. Many citizens faced a lot of discrimination, such as race, gender, religion, etc. That is not how anybody should be treated, and Mosley did a good job at making a good argument to make this legal. He stood up for blacks and even made a lawsuit saying that the Police Department of Chicago was trying to arrest him for letting his voice out. Helping someone out should not be a crime but a blessing.

References:

1. United States Court of Appeals for the Seventh Circuit. (70-87).