Since Thornhill v. Alabama (1940), courts have held that picketing is a form of expression that triggers First Amendment review.

Is picketing a constitutional right?

Section 17 of the Constitution recognises the right to assemble, to demonstrate, to picket and to present petitions. This constitutional right can only be exercised peacefully and unarmed.

Is picketing unconstitutional?

In a split decision, the California Supreme Court has upheld the constitutionality of two statutes that restrict state court injunctions against picketing by labor unions on private property.