First Amendment protection extends to the distribution of leaflets that accuse individuals of racism and provide personal contact information (upholding the right of activists to organize community pressure).
A community organization distributed leaflets in a suburb to criticize a real estate broker's business practices and urge residents to sign a no-solicitation agreement. The trial court issued an injunction against the distribution of such literature, which the appellate court affirmed on the grounds that the activities invaded the respondent's privacy and were coercive. The Supreme Court holds that any prior restraint on expression carries a heavy presumption against its constitutional validity. Because the distribution was peaceful, the communication need not meet standards of acceptability, and the respondent failed to meet the heavy burden of justifying the restraint.
At page 419 Protecting peaceful pamphleteering from prior restraint164 citing cases“any prior restraint on expression comes to this court with a 'heavy presumption' against its constitutional validity.”
- Oberholzer, F., et ux v. Galapo, S. Aplts., 322 A.3d 153 (Pa. 2024).published(Any prior restraint on expression comes to this Court with a ‘heavy presumption’ against its constitutional validity.)
- Chen v. Amazon.com, Inc., No. 2:23-cv-05324 (E.D.N.Y. Nov. 9, 2023).(No prior decisions support the claim that the interest of an individual in being free from public criticism of his business practices in pamphlets or leaflets warrants use of the injunctive power of a court.)
- Banks v. Jackson, No. 1:20-cv-02074 (D. Colo. May 12, 2021).(Any prior restraint on expression comes to this Court with a heavy presumption against its constitutional validity.)
- JLM Couture, Inc. v. Gutman, No. 1:20-cv-10575 (S.D.N.Y. Mar. 4, 2021).(The claim that the expressions were intended to exercise a coercive impact on respondent does not remove them from the reach of the First Amendment . . . so long as the means are peaceful, the communication need not me…)
- Gold Coast Search Partners LLC v. Career Partners, Inc., No. 3:19-cv-03059 (N.D. Cal. Sept. 11, 2019).(Any prior restraint on expression comes 3 to this Court with a 'heavy presumption' against its constitutional validity.)
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Sept. 10, 2015).published (The claim that the expressions were intended to exercise a coercive impact on respondent does not remove them from the reach of the First Amendment.)
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Sept. 8, 2015).published (The claim that the expressions were intended to exercise a coercive impact on respondent does not remove them from the reach of the First Amendment.)
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Sept. 1, 2015).published (The claim that the expressions were intended to exercise a coercive impact on respondent does not remove them from the reach of the First Amendment.)
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Aug. 18, 2015).published (The claim that the expressions were intended to exercise a coercive impact on respondent does not remove them from the reach of the First Amendment.)
- Planned Parenthood Shasta-Diablo, Inc. v. Williams, 873 P.2d 1224 (Cal. 1994).published (claim that the expressions were intended to exercise a coercive impact on respondent does not remove them from the reach of the First Amendment)
Show 154 more citing cases
- United States Postal Serv. v. Hustler Magazine, Inc., 630 F. Supp. 867 (D.D.C. 1986).published (so long as the means are peaceful, the communication need not meet standards of acceptability)
- Def. Distributed v. United States Dep't of State, 121 F. Supp. 3d 680 (W.D. Tex. 2015).published (Any prior restraint on expression comes ... with a ‘heavy presumption’ against its constitutional validity)
- Ex Parte James Richard \Rick\" Perry", 471 S.W.3d 63 (Tex. App.—Austin 2015).published (The claim that die expressions were intended to exercise a coercive impact on respondent does not remove them from the reach of the First Amendment.)
- Marceaux v. Lafayette City-Par. Consol. Gov't, 731 F.3d 488 (5th Cir. 2013).published (Any prior restraint on expression comes ... with a ‘heavy presumption’ against its constitutional validity.)
- Thompson v. Hayes, 748 F. Supp. 2d 824 (E.D. Tenn. 2010).published “no prior decisions support the claim that the interest of an individual in being free from public criticism of his business practices in pamphlets or leaflets warrants use of the injunctive power of a court.”
- Bihari v. Gross, 119 F. Supp. 2d 309 (S.D.N.Y. 2000).published (The claim that the expressions were intended to exercise a coercive impact on respondent does not remove them from the reach of the First Amendment. ... [S]o long as the means are peaceful, the communication need not m…)
- State Ex Rel. McGraw v. Imperial Mktg., 472 S.E.2d 792 (W. Va. 1996).published (Any prior restraint on expression comes to this Court with a ‘heavy presumption’ against its constitutional validity.)
- Pro-Choice Network of W. New York v. Schenck, 67 F.3d 377 (2d Cir. 1995).published “this court has often recognized that the activity of peaceful pamphleteering is a form of communication protected by the first amendment.”
- Jeffries v. Harleton, 21 F.3d 1238 (2d Cir. 1994).published “so long as the means are peaceful, the communication need not meet standards of acceptability.”
- Jeffries v. Harleston, 21 F.3d 1238 (2d Cir. 1994).published “so long as the means are peaceful, the communication need not meet standards of acceptability.”
- Fam. Found., Inc. v. Brown, 9 F.3d 1075 (4th Cir. 1993).published (Any prior restraint on expression comes to th[e] Court with a heavy presumption against its constitutional validity.)
- In Re Powered by People & Robert Francis O'Rourke v. the State of Texas, No. 15-25-00140-CV (Sept. 8, 2026).publishedAccordingly, “[t]he proponent of such restraints . . . ‘carries a heavy burden of showing justification for the imposition of such a restraint.’” Kinney, 443 S.W.3d at 94 (quoting Org. for a Better Aus. v. Keefe, 402 U.S. 415, 419 (1971)).
- Richards, No. 7:25-cv-06449 (D.S.C. Dec. 30, 2025).“Not all prior restraints are unconstitutional,” Mom N Pops, Inc. v. City of Charlotte, N.C., No. 97-2359, 1998 WL 537928 , at *4 (4th Cir. Aug. 19, 1998), but “[a]ny prior restraint on expression comes … with a ‘heavy presumption’ against…
- Howell, No. 2:25-cv-00020 (N.D. Ala. Oct. 31, 2025).As the Supreme Court noted, “[a]ny prior restraint on expression comes to this Court with a ‘heavy presumption’ against its constitutional validity.” Org. for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971).
- Transitional Care of Lake Cnty., LLC v. Am. Fed'n of State, Cnty. & Mun. Employees, Council 31, 2025 IL App (2d) 250271-U.unpublished“carries a heavy burden of showing justification for the imposition of such a restraint”
- Lothamer Tax Resolution, Inc. v. Kimmel, No. 1:25-cv-00579 (W.D. Mich. Aug. 29, 2025).(Def.’s Obj. 20.) 13 “Any prior restraint on expression comes . . . with a ‘heavy presumption’ against its constitutional validity.” Org. for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971).
- In Re Powered by People & Robert Francis O'Rourke v. the State of Texas, No. 15-25-00140-CV (Tex. App.—15th Dist. Aug. 25, 2025).published“The proponent of such restraints thus ‘carries a heavy burden of showing justification for the imposition of such a restraint.’” Id. (quoting Org. for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971)).
- People v. Brodsky, 2025 IL App (3d) 240689-U.unpublishedBrodsky I, 2022 IL App (3d) 220206 , ¶ 31 (quoting Organization for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971)).
- Escalante-Sostre v. Lopez-Gutierrez, No. 22-05101 (Bankr. W.D. Tex. May 9, 2025).The party who seeks prior restraints “carries a heavy burden of showing justification for the imposition of such a restraint.” Org. for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971).
- In re: Kwok, No. 3:23-cv-00102 (D. Conn. Sept. 30, 2024). “heavy presumption’ against its constitutional validity”
- Doe v. Johnson City, TN, No. 2:23-cv-00071 (E.D. Tenn. Sept. 27, 2024).Mich. 2003) (quoting Org. for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971)).
- Phi Theta Kappa Honor Soc'y v. HonorSociety.Org., Inc., No. 3:22-cv-00208 (S.D. Miss. Aug. 22, 2024).The party seeking imposition of a prior restraint “carries a heavy burden of showing justification . . . .” Org. for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971).
- Brittany Budlove v. Susanne Campbell, No. 22-1551 (Fla. 2d DCA Dec. 29, 2023).published Dist., 240 F.3d 200 , 204 (3d Cir. 2001); see also NAACP v. Claiborne Hardware Co., 458 U.S. 886 , 909–10 (1982) (holding that "[s]peech does not lose its protected character" even when the speech involved publicly listing the names of ind…
- Brittany Budlove v. Tanya Lewis, No. 22-1552 (Fla. 2d DCA Dec. 29, 2023).published Dist., 240 F.3d 200 , 204 (3d Cir. 2001); see also NAACP v. Claiborne Hardware Co., 458 U.S. 886 , 909–10 (1982) (holding that "[s]peech does not lose its protected character" even when the speech involved publicly listing the names of ind…
- Brittany Budlove v. Jonetta Johnson, No. 22-1550 (Fla. 2d DCA Dec. 29, 2023).published Dist., 240 F.3d 200, 204 (3d Cir. 2001); see also NAACP v. Claiborne Hardware Co., 458 U.S. 886 , 909–10 (1982) (holding that "[s]peech does not lose its protected character" even when the speech involved publicly listing the names of indi…
- Brittany Budlove v. Rafaela Mccoy, No. 22-1553 (Fla. 2d DCA Dec. 29, 2023).published Dist., 240 F.3d 200, 204 (3d Cir. 2001); see also NAACP v. Claiborne Hardware Co., 458 U.S. 886 , 909–10 (1982) (holding that "[s]peech does not lose its protected character" even when the speech involved publicly listing the names of indi…
- Brittany Budlove v. William Johnson, No. 22-1549 (Fla. 2d DCA Dec. 29, 2023).published Dist., 240 F.3d 200 , 204 (3d Cir. 2001); see also NAACP v. Claiborne Hardware Co., 458 U.S. 886 , 909–10 (1982) (holding that "[s]peech does not lose its protected character" even when the speech involved publicly listing the names of ind…
- Jeffery Lichtenstein v. Tre Hargett, 83 F.4th 575 (6th Cir. 2023).published(referring to pamphlet distribution as an “activity” that “is a form of communication)
- Speech First, Inc. v. Timothy Sands, 69 F.4th 184 (4th Cir. 2023).published“Any prior restraint on expression comes” with a “‘heavy presumption’ against its constitutional validity.” Org. for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971).
- Sec. & Exch. Comm'n v. Moraes, No. 1:22-cv-08343 (S.D.N.Y. Oct. 28, 2022).“Any prior restraint on expression,” therefore, comes “with a ‘heavy presumption’ against its constitutional validity.” Org. for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971).
- Under Seal v. Jefferson Sessions, No. 16-16067 (9th Cir. May 11, 2022).publishedAs such, the government “carries a heavy burden of showing justification for the imposition of such a restraint.” Org. for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971).
- in Re George Green & Garlan Green, No. 03-14-00725-CV (Tex. App.—Austin Jan. 12, 2015).published
- Leonardini v. Shell Oil Co., 216 Cal. App. 3d 547 (Cal. Ct. App. 1989).published
- Wright v. A-1 Exterminating Co., 166 So. 3d 618 (Ala. 2014).published
- Cohen v. California, 403 U.S. 15 (1971).published
- New York Times Co. v. United States, 403 U.S. 713 (1971).published
- Heller v. New York, 413 U.S. 483 (1973).published
- Times-Picayune Publ'g Corp. v. Schulingkamp, 419 U.S. 1301 (1974).published
- Se. Promotions, Ltd. v. Conrad, 420 U.S. 546 (1975).published
- Nebraska Press Assn. v. Stuart, 427 U.S. 539 (1976).published
- Brown v. Glines, 444 U.S. 348 (1980).published
- Vance v. Universal Amusement Co., 445 U.S. 308 (1980).published
- Bolger v. Youngs Drug Prods. Corp., 463 U.S. 60 (1983).published
- Edward J. DeBartolo Corp. v. Florida Gulf Coast Bldg. & Constr. Trades Council, 485 U.S. 568 (1988).published
- City of Lakewood v. Plain Dealer Publ'g Co., 486 U.S. 750 (1988).published
- Riley v. Nat'l Fed'n of Blind of North Carolina, Inc., 487 U.S. 781 (1988).published
- Cable News Network, Inc., Et Al. v. Noriega Et Al., 498 U.S. 976 (1990).published
- Int'l Soc'y for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672 (1992).published
- Cbs Inc. v. Davis, Circuit Judge, Seventh Jud. Circuit, Pennington Cnty., South Dakota No. A-669, 510 U.S. 1315 (1994).published
- Madsen v. Women's Health Ctr., Inc., 512 U.S. 753 (1994).published
- Frank Collin v. Chicago Park Dist., 460 F.2d 746 (7th Cir. 1972).published
- United States v. Frederick Schiavo. Appeal of Philadelphia Newspapers, Inc., & Susan q.stranahan. Philadelphia Newspapers, Inc., & Susan Q. Stranahan v. United States of Am. & Frederick Schiavo, & the Honorablej. William Ditter, Jr., Nominal, 504 F.2d 1 (3d Cir. 1974).published
- 23 Fair empl.prac.cas. 20, 23 Empl. Prac. Dec. P 31,029 Wesley P. Bernard v. Gulf Oil Co., 619 F.2d 459 (5th Cir. 1980).published
- Trotman v. Bd. of Trs. of Lincoln Univ., 635 F.2d 216 (3d Cir. 1980).published
- Joseph Schultz, Doing Bus. as Island Bar, & Tonya Norwood, Plaintiffs-Appellees/cross-Appellants v. City of Cumberland, Defendant-Appellant/cross-Appellee, 228 F.3d 831 (7th Cir. 2000).published
- Metro. Opera Ass'n, Inc. v. Local 100, Hotel Employees & Restaurant Employees Int'l Union, 239 F.3d 172 (2d Cir. 2001).published
- Bloom v. Mun. Court, 545 P.2d 229 (Cal. 1976).published
- Planned Parenthood Shasta-Diablo, Inc. v. Williams, 898 P.2d 402 (Cal. 1995).published
- Hershfield v. Commonwealth, 417 S.E.2d 876 (Va. Ct. App. 1992).published
- Woodruff v. Bd. of Trs. of Cabell Huntington Hosp., 319 S.E.2d 372 (W. Va. 1984).published
- Kaplan v. Prolife Action League of Greensboro, 431 S.E.2d 828 (N.C. Ct. App. 1993).published
- Aguilar v. Avis Rent a Car Sys., Inc., 980 P.2d 846 (Cal. 1999).published
- Pennsylvania Pub. Interest Coalition v. York Twp., 569 F. Supp. 1398 (M.D. Pa. 1983).published
- Collin v. Smith, 447 F. Supp. 676 (N.D. Ill. 1978).published
- Reliance Ins. v. Barron's, 428 F. Supp. 200 (S.D.N.Y. 1977).published
- Oxfeld v. New Jersey State Bd. of Educ., 344 A.2d 769 (N.J. 1975).published
- Murray v. Lawson, 624 A.2d 3 (N.J. Super. Ct. App. Div. 1993).published
- Horizon Health Ctr. v. Felicissimo, 638 A.2d 1260 (N.J. 1994).published
- In Re I.G. Servs. Ltd., 244 B.R. 377 (Bankr. W.D. Tex. 2000).published
- Vill. of Skokie v. Nat'l Socialist Party of Am., 373 N.E.2d 21 (Ill. 1978).published
- Nyer v. Munoz-Mendoza, 430 N.E.2d 1214 (Mass. 1982).published
- People v. Sanders, 696 N.E.2d 1144 (Ill. 1998).published
- Cooper v. Rockford Newspapers, Inc., 339 N.E.2d 477 (Ill. App. Ct. 1975).published
- Paradise Hills Assocs. v. Procel, 235 Cal. App. 3d 1528 (Cal. Ct. App. 1991).published
- Sun Co. of San Bernardino v. Superior Court, 29 Cal. App. 3d 815 (Cal. Ct. App. 1973).published
- Prisoners Union v. Dep't of Corr., 135 Cal. App. 3d 930 (Cal. Ct. App. 1982).published
- Chico Feminist Women's Health Ctr. v. Scully, 208 Cal. App. 3d 230 (Cal. Ct. App. 1989).published
- Kleman v. Charles City Police Dep't, 373 N.W.2d 90 (Iowa 1985).published
- State v. Mitchell, 473 N.W.2d 1 (Wis. Ct. App. 1991).published
- Commonwealth v. a Juv., 334 N.E.2d 617 (Mass. 1975).published
- Hurvitz v. Hoefflin, 84 Cal. App. 4th 1232 (Cal. Ct. App. 2000).published
- Parris v. Superior Court, 109 Cal. App. 4th 285 (Cal. Ct. App. 2003).published
- Homart Dev. Co. v. Fein, 293 A.2d 493 (R.I. 1972).published
- Commonwealth v. Genovese, 487 A.2d 364 (Pa. 1985).published
- Masloff v. Port Auth. of Allegheny Cty., 613 A.2d 1186 (Pa. 1992).published
- Mortg. Specialists, Inc. v. Implode-Explode Heavy Indus., Inc., 999 A.2d 184 (N.H. 2010).published
- Balboa Island Vill. Inn, Inc. v. Lemen, 156 P.3d 339 (Cal. 2007).published
- DVD Copy Control Ass'n, Inc. v. Bunner, 75 P.3d 1 (Cal. 2003).published
- City of Keene v. James Cleaveland & a., 167 N.H. 731 (2015).published
- Robert Kinney v. Andrew Harrison Barnes (a/K/A A. Harrison Barnes, A.H. Barnes, Andrew H. Barnes, Harrison Barnes), Bcg Attorney Search, Inc., Emp. Crossing, Inc. & Jd Journal, Inc., No. 13-0043 (Tex. Aug. 29, 2014).published
- Brammer v. KB Home Lone Star, L.P., 114 S.W.3d 101 (Tex. App.—Austin 2003).published
- John Doe, Inc. v. Mukasey, 549 F.3d 861 (2d Cir. 2008).published
- Forum for Academic & Institutional Rights v. Rumsfeld, 390 F.3d 219 (3d Cir. 2004).published
- Gerhart v. State, 2015 OK CR 12, 360 P.3d 1194.published
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Oct. 22, 2015).published
- Ex Parte James Richard \Rick\" Perry", No. 03-15-00063-CR (Tex. App.—Austin Apr. 9, 2015).published
- Ex Parte James Richard \Rick\" Perry", No. 03-15-00063-CR (Tex. App.—Austin Apr. 29, 2015).published
- Dan Farr Prods. v. United States Dist. Court for the S. Dist. of California, 874 F.3d 590 (9th Cir. 2017).published
- Phx Newspapers v. Hon otis/allen, 413 P.3d 692 (Ariz. Ct. App. 2018).published
- The Las Vegas Review-journal Vs. Dist. Ct. (hartfield), 2018 NV 7 (Nev. 2018).published
- Brummer v. Wey, 89 N.Y.S.3d 11 (N.Y. App. Div. 1st Dep't 2018).published
- Facebook, Inc. v. James Pepe, 241 A.3d 248 (D.C. 2020).published
- Weller Vs. Dist. Ct. (Riley), No. 81685 (Nev. Oct. 1, 2020).published
- Thunder Studios, Inc. v. Charif Kazal, 13 F.4th 736 (9th Cir. 2021).published
- Pittsburg Unified Sch. Dist. v. California Sch. Employees Ass'n, 166 Cal. App. 3d 875 (Cal. Ct. App. 1985).published
- Ash v. Bd. of Managers of the 155 Condo., 44 A.D.3d 324 (N.Y. App. Div. 1st Dep't 2007).published
- Quinn v. Johnson, 51 A.D.2d 391 (N.Y. App. Div. 1st Dep't 1976).published
- Porgo v. Lifetime Ent. Servs., LLC, 116 A.D.3d 1264 (N.Y. App. Div. 3d Dep't 2014).published
- People v. James, 7 Misc. 3d 363 (N.Y. City Crim. Ct. 2005).published
- Vogel v. W. T. Grant Co., 327 A.2d 133 (Pa. 1974).published
- Scotties, Ltd. v. Street, 72 Pa. D. & C.2d 555 (1974).published
- Care & Prot. of Edith, 659 N.E.2d 1174 (Mass. 1996).published
- Commonwealth v. Barnes, 963 N.E.2d 1156 (Mass. 2012).published
- State v. Anonymous (1976-8), 6 Conn. Cir. Ct. 751 (Conn. App. Ct. 1974).published
- Des Moines Register & Tribune Co. v. Osmundson, 248 N.W.2d 493 (Iowa 1976).published
- Massachusetts Cannabis Reform Coalition, Inc. v. Town of Ashland, 3 Mass. L. Rptr. 438 (Mass. Super. Ct. 1995).published
- Bd. of Managers of the Old Colony Vill. Condo. v. Preu, 27 Mass. L. Rptr. 130 (Mass. Super. Ct. 2009).published
- Peña Clos v. Cartagena Ortiz, 114 P.R. Dec. 576 (1983).published
- United States v. Schiavo, 504 F.2d 1 (3d Cir. 1974).published
- Hirsh v. City of Atlanta, 495 U.S. 927 (1990).published
- State v. R. Sullivan, 2023 MT 53N, 526 P.3d 1094.unpublished
- Same Condition, LLC v. Codal, Inc., 2021 IL App (1st) 201187, 187 N.E.3d 1147.published
- Nelle v. Huntsville Sch. Dist., No. 5:21-cv-05158 (W.D. Ark. Dec. 29, 2021).
- California Chamber of Com. v. Bonta, No. 2:19-cv-02019 (E.D. Cal. Mar. 30, 2021).
- Harcz, Jr. v. Boucher, No. 1:17-cv-00112 (W.D. Mich. Sept. 30, 2021).
- Morris v. Washington City Police Dep't, No. 2:22-cv-00659 (W.D. Pa. Apr. 25, 2023).
- Catholic Charities of Jackson v. Gretchen Whitmer, 162 F.4th 686 (6th Cir. 2025).published
- Chiu v. Plano Indep. Sch. Dist., 339 F.3d 273 (5th Cir. 2003).published
- Joyner v. Whiting, 477 F.2d 456 (4th Cir. 1973).published
- Chicago Council of Lawyers v. William J. Bauer, & Terence MacCarthy Intervenors-Appellees, 522 F.2d 242 (7th Cir. 1975).published
- Michael A. Lebron v. Washington Metro. Area Transit Auth., 749 F.2d 893 (D.C. Cir. 1984).published
- City of Watseka v. Illinois Pub. Action Council, 796 F.2d 1547 (7th Cir. 1986).published
- Bering v. Share, 721 P.2d 918 (Wash. 1986).published
- Nw. Publications, Inc. v. Anderson, 259 N.W.2d 254 (Minn. 1977).published
- Bernstein v. United States Dep't of State, 974 F. Supp. 1288 (N.D. Cal. 1997).published
- Bernstein v. United States Dep't of State, 945 F. Supp. 1279 (N.D. Cal. 1996).published
- United States v. Noriega, 752 F. Supp. 1032 (S.D. Fla. 1990).published
- United States v. Noriega, 752 F. Supp. 1045 (S.D. Fla. 1990).published
- Philadelphia Newspapers, Inc. v. Dep't of Hous. & Urban Dev. of the United States, 343 F. Supp. 1176 (E.D. Pa. 1972).published
- Associated Students for Univ. of California at Riverside v. Attorney Gen., 368 F. Supp. 11 (C.D. Cal. 1973).published
- Guste v. Connick, 515 So. 2d 436 (La. 1987).published
- Plaquemines Par. Com'n v. Delta Dev. Co., 472 So. 2d 560 (La. 1985).published
- Kemner v. Norfolk & W. Ry. Co., 479 N.E.2d 322 (Ill. App. Ct. 5th Dist. 1985).published
- 4447 CORP. v. Goldsmith, 479 N.E.2d 578 (Ind. Ct. App. 1985).published
- Concerned Consumers League v. O'NEILL, 371 F. Supp. 644 (E.D. Wis. 1974).published
- Smith v. Daily Mail Publ'g Co., 443 U.S. 97 (1979).published
- Junger v. Daley, 8 F. Supp. 2d 708 (N.D. Ohio 1998).published
- Kinney v. Barnes, 443 S.W.3d 87 (Tex. 2014).published
- State, Ex Rel. NM Press Ass'n v. Kaufman, 648 P.2d 300 (N.M. 1982).published
- City of Seven Hills v. Aryan Nations, 667 N.E.2d 942 (Ohio 1996).published
- WXIA-TV v. State, 811 S.E.2d 378 (Ga. 2018).published
- Zarate v. Younglove, 86 F.R.D. 80 (C.D. Cal. 1980).published
- Williams v. Rigg, 458 F. Supp. 3d 468 (S.D. W. Va. 2020).published
- Seven Hills v. Aryan Nations, 76 Ohio St. 3d 304 (1996).published
At page 418 Analyzing prior restraint on speech and publication13 citing casesholding that a state court’s injunction prohibiting the distribution of leaflets critical of the respondent’s real estate practices was an unconstitutional prior restraint on speech, while noting that the injunction operated “not to redress alleged private wrongs, but to suppress … distribution of…
- Planned Parenthood Shasta-Diablo, Inc. v. Williams, 873 P.2d 1224 (Cal. 1994).published To the extent this is true, the offered justification is impermissible, for restrictions on speech may not be based on how the message affects those who receive it. ( Texas v. Johnson (1989) 491 U.S. 397, 414 [ 105 L.Ed.2d 342, 360 , 109 S…
- Constantakis, K. v. Bryan Advisory, 275 A.3d 998, 2022 PA Super 81 (Pa. Super. Ct. 2022).published (holding that a state court’s injunction prohibiting the distribution of leaflets critical of the respondent’s real estate practices was an unconstitutional prior restraint on speech, while noting that the injunction ope…)
- Healy v. James, 408 U.S. 169 (1972).published
- Albany Welfare Rights Org. v. George K. Wyman, Individually & as Comm'r of Soc. Servs. for Thestate of New York, 493 F.2d 1319 (2d Cir. 1974).published
- In Re Adele Halkin, 598 F.2d 176 (D.C. Cir. 1979).published
- Sanders v. State of Ga., 203 S.E.2d 153 (Ga. 1974).published
- Pines v. Tomson, 160 Cal. App. 3d 370 (Cal. Ct. App. 1984).published
- Leonardini v. Shell Oil Co., 216 Cal. App. 3d 547 (Cal. Ct. App. 1989).published
- Wright v. A-1 Exterminating Co., 166 So. 3d 618 (Ala. 2014).published
- Ass'n for Los Angeles Deputy Sheriffs v. Los Angeles Times Commc'ns LLC, 239 Cal. App. 4th 808 (Cal. Ct. App. 2015).published
Show 2 more citing cases
- Assn. for LA Deputy Sheriffs v. LA Times, No. B253083 (Cal. Ct. App. Aug. 19, 2015).published
- Lawson v. Murray, 515 U.S. 1110 (1995).published
At page 420 Distinguishing public information flow from private household reception11 citing casesholding that First Amendment protection applied to the distribution of leaflets when those leaflets accused an individual of racism and provided personal information about the person, including his telephone number
- Brittany Budlove v. Susanne Campbell, No. 22-1551 (Fla. 2d DCA Dec. 29, 2023).published (holding that First Amendment protection applied to the distribution of leaflets when those leaflets accused an individual of racism and provided personal information about the person, including his telephone number)
- Brittany Budlove v. Tanya Lewis, No. 22-1552 (Fla. 2d DCA Dec. 29, 2023).published (holding that First Amendment protection applied to the distribution of leaflets when those leaflets accused an individual of racism and provided personal information about the person, including his telephone number)
- Brittany Budlove v. Jonetta Johnson, No. 22-1550 (Fla. 2d DCA Dec. 29, 2023).published (holding that First Amendment protection applied to the distribution of leaflets when those leaflets accused an individual of racism and provided personal information about the person, including his telephone number)
- Brittany Budlove v. Rafaela Mccoy, No. 22-1553 (Fla. 2d DCA Dec. 29, 2023).published (holding that First Amendment protection applied to the distribution of leaflets when those leaflets accused an individual of racism and provided personal information about the person, including his telephone number)
- Brittany Budlove v. William Johnson, No. 22-1549 (Fla. 2d DCA Dec. 29, 2023).published (holding that First Amendment protection applied to the distribution of leaflets when those leaflets accused an individual of racism and provided personal information about the person, including his telephone number)
- Cox Broad. Corp. v. Cohn, 420 U.S. 469 (1975).published
- Frisby v. Schultz, 487 U.S. 474 (1988).published
- 18 Fair empl.prac.cas. 1407, 14 Empl. Prac. Dec. P 7767 Henry B. Ayers v. W. Line Consol. Sch. Dist. v. Ms. Bessie B. Givhan, Plaintiffs-Intervenors, 555 F.2d 1309 (5th Cir. 1977).published
- Veneklase v. City of Fargo, 904 F. Supp. 1038 (D.N.D. 1995).published
- Copper v. City of Fargo, 905 F. Supp. 680 (D.N.D. 1994).published
Show 1 more citing case
- Ayers v. W. Line Consol. Sch. Dist., 555 F.2d 1309 (5th Cir. 1977).published
At page 415 Considering constitutionality of injunction restricting speech6 citing cases“enjoining petitioners from distributing leaflets anywhere in the town of westchester, illinois.”
- S.B.B. v. L.B.B., 302 A.3d 574 (N.J. Super. Ct. App. Div. 2023).published Similarly, in Organization for a Better Austin v. Keefe, 402 U.S. 415, 415-16 (1971), the Court addressed "a racially-integrated community organization['s]" actions "to 'stabilize' the racial ratio in the . . . area" by influencing a real…
- Oberholzer, F. v. Galapo, S., 274 A.3d 738, 2022 PA Super 69 (Pa. Super. Ct. 2022).published In Keefe, we vacated an order “enjoining petitioners from distributing leaflets anywhere in the town of Westchester, Illinois.” 402 U.S., at 415 , 91 S. Ct., at 1576 (emphasis added).
- Oberholzer, F. v. Galapo, S., No. 794 EDA 2020 (Pa. Super. Ct. Mar. 7, 2022).unpublishedIn Keefe, we vacated an order “enjoining petitioners from distributing leaflets anywhere in the town of Westchester, Illinois.” 402 U.S., at 415 , 91 S. Ct., at 1576 (emphasis added).
- Alexander v. United States, 509 U.S. 544 (1993).published
- in Re George Green & Garlan Green, No. 03-14-00725-CV (Tex. App.—Austin Jan. 12, 2015).published
- Liberty Place Retail Assocsiates, L.P. v. Israelite Sch. of Universal Practical Knowledge, 35 Pa. D. & C.5th 110 (2013).published
At page 417 Enjoining distribution of literature and picketing activities4 citing cases“when he signs the agreement, we stop coming to the broker's town of residence.”
- In Re Def, No. 374409 (Mich. Ct. App. Apr. 24, 2026).unpublishedOrganization for a Better Austin v Keefe, 402 US 415, 417, 420 ; 91 S Ct 1575 ; 29 L Ed 2d 1 (1971).
- In re: Kwok, No. 3:23-cv-00102 (D. Conn. Sept. 30, 2024). A prior restraint on expression has a “‘heavy presumption’ against its constitutional validity,” Organization for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971), and is “the most serious and the least tolerable infringement on First Am…
- S.B.B. v. L.B.B., 302 A.3d 574 (N.J. Super. Ct. App. Div. 2023).published Similarly, in Organization for a Better Austin v. Keefe, 402 U.S. 415, 415-16 (1971), the Court addressed "a racially-integrated community organization['s]" actions "to 'stabilize' the racial ratio in the . . . area" by influencing a real…
- Ex Parte James Richard \Rick\" Perry", No. 03-15-00063-CR (Tex. App.—Austin May 11, 2015).published
[S]o long as the means are peaceful, the communication need not meet standards of acceptability.
- Jeffries v. Harleton, 21 F.3d 1238 (2d Cir. 1994).published ([S]o long as the means are peaceful, the communication need not meet standards of acceptability.)
- Jeffries v. Harleston, 21 F.3d 1238 (2d Cir. 1994).published ([S]o long as the means are peaceful, the communication need not meet standards of acceptability.)
Other citing cases
- Fox v. Hamptons at Metrowest Condo. Ass'n, 223 So. 3d 453 (Fla. 5th DCA 2017).published
v.
KEEFE
Lead Opinion
delivered the opinion of the Court.
We granted the writ in this case to consider the claim that an order of the Circuit Court of Cook County, Illinois, enjoining petitioners from distributing leaflets anywhere in the town of Westchester, Illinois, violates petitioners’ rights under the Federal Constitution.
Petitioner Organization for a Better Austin (OBA) is a racially integrated community organization in the[*416] Austin neighborhood of Chicago. Respondent is a real estate broker whose office and business activities are in the Austin neighborhood. He resides in Westchester, Illinois, a suburb of Chicago some seven miles from the Austin area.
OBA is an organization whose stated purpose is to “stabilize” the racial ratio in the Austin area. For a number of years the boundary of the Negro segregated area of Chicago has moved progressively west to Austin. OBA, in its efforts to “stabilize” the area — so it describes its program — has opposed and protested various real estate tactics and activities generally known as “blockbusting” or “panic peddling.”
It was the contention of OBA that respondent had been one of those who engaged in such tactics, specifically that he aroused the fears of the local white residents that Negroes were coming into the area and then, exploiting the reactions and emotions so aroused, was able to secure listings and sell homes to Negroes. OBA alleged that since 1961 respondent had from time to time actively promoted sales in this manner by means of flyers, phone calls, and personal visits to residents of the area in which his office is located, without regard to whether the persons solicited had expressed any desire to sell their homes. As the “boundary” marking the furthest westward advance of Negroes moved into the Austin area, respondent is alleged to have moved his office along with it.
Community meetings were arranged with respondent to try to persuade him to change his real estate practices. Several other real estate agents were prevailed on to sign an agreement whereby they would not solicit property, by phone, flyer, or visit, in the Austin community. Respondent who has consistently denied that he is engaging in “panic peddling” or “blockbusting” refused to sign, contending that it was his right under Illinois law to solicit real estate business as he saw fit.
[*417] Thereafter, during September and October of 1967, members of petitioner organization distributed leaflets in Westchester describing respondent’s activities. There was no evidence of picketing in Westchester. The challenged publications, now enjoined, were critical of respondent’s real estate practices in the Austin neighborhood; one of the leaflets set out the business card respondent used to solicit listings, quoted him as saying “I only sell to Negroes,” cited a Chicago Daily News article describing his real estate activities and accused him of being a “panic peddler.” Another leaflet, of the same general order, stated that: “When he signs the agreement, we stop coming to Westchester.” Two of the leaflets requested recipients to call respondent at his home phone number and urge him to sign the “no solicitation” agreement. On several days leaflets were given to persons in' a Westchester shopping center. On two other occasions leaflets were passed out to some parishioners on their way to or from respondent’s church in Westchester. Leaflets were also left at the doors of his neighbors. The trial court found that petitioners’ “distribution of leaflets was on all occasions conducted in a peaceful and orderly manner, did not cause any disruption of pedestrian or vehicular traffic, and did not precipitate any fights, disturbances or other breaches of the peace.” One of the officers of OBA testified at trial that he hoped that respondent would be induced to sign the no-solicitation agreement by letting “his neighbors know what he was doing to us.”
Respondent sought an injunction in the Circuit Court of Cook County, Illinois, on December 20, 1967. After an adversary hearing the trial court entered a temporary injunction enjoining petitioners “from passing out pamphlets, leaflets or literature of any kind, and from picketing, anywhere in the City of Westchester, Illinois”
[*418] On appeal to the Appellate Court of Illinois, First District, that court affirmed. It sustained the finding of fact that petitioners’ activities in Westchester had invaded respondent’s right of privacy, had caused irreparable harm, and were without adequate remedy at law. The Appellate Court appears to have viewed the alleged activities as coercive and intimidating, rather than informative and therefore as not entitled to First Amendment protection. The Appellate Court rested its holding on its belief that the public policy of the State of Illinois strongly favored protection of the privacy of home and family from encroachment of the nature of petitioners’ activities.*
It is elementary, of course, that in a case of this kind the courts do not concern themselves with the truth or validity of the publication. Under Near v. Minnesota, 283 U. S. 697 (1931), the injunction, so far as it imposes prior restraint on speech and publication, constitutes an impermissible restraint on First Amendment rights. Here, as in that case, the injunction operates, not to redress alleged private wrongs, but to suppress, on the[*419] basis of previous publications, distribution of literature “of any kind” in a city of 18,000.
This Court has often recognized that the activity of peaceful pamphleteering is a form of communication protected by the First Amendment. E. g., Martin v. City of Struthers, 319 U. S. 141 (1943); Schneider v. State, 308 U. S. 147 (1939); Lovell v. Griffin, 303 U. S. 444 (1938). In sustaining the injunction, however, the Appellate Court was apparently of the view that petitioners’ purpose in distributing their literature was not to inform the public, but to “force” respondent to sign a no-solicitation agreement. The claim that the expressions were intended to exercise a coercive impact on respondent does not remove them from the reach of the First Amendment. Petitioners plainly intended to influence respondent’s conduct by their activities; this is not fundamentally different from the function of a newspaper. See Schneider v. State, supra; Thornhill v. Alabama, 310 U. S. 88 (1940). Petitioners were engaged openly and vigorously in making the public aware of respondent’s real estate practices. Those practices were offensive to them, as the views and practices of petitioners are no doubt offensive to others. But so long as the means are peaceful, the communication need not meet standards of acceptability.
Any prior restraint on expression comes to this Court with a “heavy presumption” against its constitutional validity. Carroll v. Princess Anne, 393 U. S. 175, 181 (1968); Bantam Books, Inc. v. Sullivan, 372 U. S. 58, 70 (1963). Respondent thus carries a heavy burden of showing justification for the imposition of such a restraint. He has not met that burden. No prior decisions support the claim that the interest of an individual in being free from public criticism of his business practices in pamphlets or leaflets warrants use of the injunctive power of a court. Designating the conduct as an in[*420]vasion of privacy, the apparent basis for the injunction here, is not sufficient to support an injunction against peaceful distribution of informational literature of the nature revealed by this record. Rowan v. United States Post Office Dept., 397 U. S. 728 (1970), relied on by respondent, is not in point; the right of privacy involved in that case is not shown here. Among other important distinctions, respondent is not attempting to stop the flow of information into his own household, but to the public. Accordingly, the injunction issued by the Illinois court must be vacated.
Reversed.
The injunction is termed a “temporary” injunction by the Illinois courts. We have therefore considered whether we may properly decide this case. 28 U. S. C. § 1257. We see nothing in the record that would indicate that the Illinois courts applied a less rigorous standard in issuing and sustaining this injunction than they would with any permanent injunction in the case. Nor is there any indication that the injunction rests on a disputed question of fact that might be resolved differently upon further hearing. Indeed, our reading of the record leads to the conclusion that the issuance of a permanent injunction upon termination of these proceedings will be little more than a formality. Moreover, the temporary injunction here, which has been in effect for over three years, has already had marked impact on petitioners’ First Amendment rights. Although the record in this case is not such as to leave the matter entirely free from doubt we conclude we are not without power to decide this case. Mills v. Alabama, 384 U. S. 214 (1966); Construction Laborers’ Local 488 v. Curry, 371 U. S. 542 (1963).
Dissent
dissenting.
In deciding this case on the merits, the Court, in my opinion, disregards the express limitation of our appellate jurisdiction to “[f]inal judgments or decrees,” 28 U. S. C. § 1257, and does so in a way which undermines the policies behind limiting our review to judgments “rendered by the highest court of a State in which a decision could be had,” ibid., and interferes with Illinois’ arrangements for the expeditious processing of litigation in its own state courts.
It is plain, and admitted by all, that the “temporary” or “preliminary” injunction entered by the Circuit Court of Cook County and affirmed by the Appellate Court, First District, is not a final judgment. Review of preliminary injunctions is a classic form of interlocutory appeal, which Congress has authorized in limited instances not including review by this Court of state decrees. See 28 U. S. C. §§ 1252, 1253; cf. 28 U. S. C. § 1292 (a)(1). Despite the seemingly absolute provision of the statute, the Court holds that this case is within the judicially created exception for instances in which the affirmance of the interlocutory order by the highest state court decides the merits of the dispute for all practical purposes, leaving the remaining proceedings in the lower courts as[*421] nothing more than a formality. See Pope v. Atlantic Coast Line R. Co., 345 U. S. 379, 382 (1953); Construction Laborers’ Local 438 v. Curry, 371 U. S. 542, 550-551 (1963); Mills v. Alabama, 384 U. S. 214, 217-218 (1966). The apparent, though unstated, justification for this is the petitioners’ representation in this Court that they have no defense to offer other than their First Amendment contentions, which they assert the Illinois courts have decided against them on the merits. Pet. for Cert. 6.
Even assuming that the latter position is correct,* this case does not fit into the mold of the cases in which this Court has reviewed orders of state supreme courts affirming the grant of preliminary relief, for here the Illinois[*422] Supreme Court has never passed on the merits of petitioners’ constitutional contentions. If this case were permitted to return to the trial court for consideration of the merits of petitioners’ contentions and the entry of final judgment, petitioners would have an appeal as of right directly to the Illinois Supreme Court if that judgment were adverse to them. Ill. Const., Art. 6, § 5; Ill. Sup. Ct. Rules 301, 302 (a). That court would then have an opportunity to correct the errors, if any, in the lower court judgment; or if it failed to do so we would have the benefit of that court’s views on the issues here presented. Such review by “the highest court of a State in which a decision could be had” is particularly important in the context of Illinois procedure, which places primary responsibility for review of constitutional contentions in the State Supreme Court. All appeals from final judgments in cases involving a constitutional question must be taken directly to that court, see Ill. Sup. Ct. Rule 302 (a) (2); consequently the intermediate Appellate Court rarely has occasion to engage in constitutional adjudication.
To be sure, the Illinois Supreme Court, by denying petitioners’ motion for leave to appeal from the order of the Appellate Court, had an opportunity to rule on the issue presented by this case and declined to do so. However, Illinois has a strong policy against Supreme Court review of interlocutory orders. Until recently the Supreme Court had no direct appellate jurisdiction over judgments of the Appellate Court on interlocutory appeals, but simply reviewed the issues presented by the subsequent final judgment. 6 C. Nichols, Illinois Civil Practice § 5998 (1962 rev. vol. H. Williams & M. Wing-ersky). Although interlocutory review is now available in the discretion of the Supreme Court, it is “not favored.” Ill. Sup. Ct. Rule 318 (b); see also Ill. Sup. Ct. Rule 315 (a). We have ourselves often made a simi[*423]lar resolution of the competing interests in prompt correction of lower courts’ errors on the one hand and in expeditious processing of litigation to final judgment on the other. See R. Stern & E. Gressman, Supreme Court Practice §4.19 (4th ed. 1969). Under today’s decision, Illinois will have to surrender its judgment in these matters if it desires to interpose the State Supreme Court between the subordinate state courts and review by this Court, as the highest-state-court requirement permits it to do. If this Court would respect the final-judgment limitation on our jurisdiction, Illinois would not be put to this choice.
It is, of course, tempting to ignore the proper limitations on our power when the alternative is to delay correction of what the Court today holds was a flagrant error by lower courts. This is particularly true where, as here, a “temporary” injunction has been outstanding for a lengthy period. But the question is not whether we think our intervention in the dispute at this stage would be desirable — although with our overall docket running at about 4,000 cases a Term there is surely much to be said for giving each litigant only one bite at the apple. The policy judgment involved was expressly committed to Congress by Art. Ill, § 2, of the Constitution, and Congress has spoken in § 1257.
I would respect that congressional judgment and dismiss the writ for lack of jurisdiction.
Settled Illinois law provides that “[i]t is not, of course, the purpose of a temporary injunction to decide controverted facts or the merits of the case,” Lonergan v. Crucible Steel Co. of America, 37 Ill. 2d 599, 611, 229 N. E. 2d 536, 542 (1967), but “merely to preserve the last actual peaceable uncontested status which preceded the pending suit.” Consumers Digest, Inc. v. Consumer Magazine, Inc., 92 Ill. App. 2d 54, 61, 235 N. E. 2d 421, 425 (App. Ct., 1st Dist., 1968). “It is enough if [the applicant] can show that he raises a fair question ,as to the existence of the right which he claims and can satisfy the court that matters should be preserved in their present state until such questions can be disposed of.” Nestor Johnson Mfg. Co. v. Goldblatt, 371 Ill. 570, 574, 21 N. E. 2d 723, 725 (1939). The granting of a preliminary injunction is committed to the sound discretion of the trial judge, and it is reviewable only for abuse of discretion. Lonergan v. Crucible Steel Co. of America, supra, at 612, 229 N. E. 2d, at 542.
In argument before the Illinois chancellor, petitioners’ attorney stated:
“We don’t wish to go into lengthy argument on constitutional provisions at this time. We feel that it is only fair that both sides prepare briefs in preparation for a full hearing on the permanent injunction. And, to that end, we just want to point out that these are constitutional questions, on which we feel the law is abundantly clear, and that is a further reason why Your Honor in his discretion, should not see fit to issue a temporary injunction.” R. 56.