Ralphs Grocery Co. v. UNITED FOOD & COMMERCIAL WORKERS UNION LOCAL 8

NICHOLSON, Acting P. J.—

In this case, a union peacefully picketed in front of a grocery store, a private forum, contrary to the grocery store's demands that the union not use the private property for its expressive activities (its "speech," using the term generally). When the grocery store sought injunctive relief against the picketing, the court denied the relief based on California's statutory scheme making it virtually impossible for an employer to obtain injunctive relief in a peaceful labor dispute.

(1) This case presents the question of whether the state, based on the content of the speech, can force the owner or possessor of real property that is not a public forum to give an uninvited group access to the private property to engage in speech. We conclude that such legislation violates the First and Fourteenth Amendments of the United States Constitution and, therefore, is invalid.

Accordingly, we reverse and remand.

(2) "The First Amendment to the United States Constitution provides that `Congress shall make no law ... abridging the freedom of speech ....' This fundamental right to free speech is `among the fundamental personal rights and liberties which are protected…