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THORNHILL v. ALABAMA

No. 514.

310 U.S. 88 (1940)

60 S.Ct. 736

84 L.Ed. 1093

THORNHILL v. ALABAMA.

Supreme Court of United States.

Decided April 22, 1940.

Attorney(s) appearing for the Case

Messrs. James J. Mayfield and Joseph A. Padway for petitioner.

Mr. William H. Loeb, Assistant Attorney General of Alabama, with whom Mr. Thos. S. Lawson, Attorney General, was on the brief, for respondent.

Freedom of speech and of assembly is not an absolute right. Gitlow v. New York, 268 U.S. 652.

MR. JUSTICE MURPHY delivered the opinion of the Court.

Petitioner, Byron Thornhill, was convicted in the Circuit Court of Tuscaloosa County, Alabama, of the violation of § 3448 of the State Code of 1923.1 The Code section reads as follows:

"Section 3448. Loitering or picketing forbidden. — Any person or persons, who, without a just cause or legal excuse therefor, go near to...

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