In re Lane

In October 1967 petitioner was convicted in the Contra Costa County Municipal Court of two misdemeanors : violation of Concord Municipal Code sections 4147 1 *873 emaining on another’s property alter being notified by the ner to remove therefrom) and 4128 2 (distributing hand-,1s on premises of another without his consent). The Appel-;e Department of the Contra Costa Superior Court affirmed, d the Court of Appeal, First Appellate District, Division vo, denied habeas corpus without opinion. Petitioner then light relief from this court, and we issued an order to show use. Execution of judgment on conviction has been stayed aiding our decision herein. As will appear, we have con-ided that petitioner’s activities were protected as an exer-se of free speech.

Petitioner is an officer of a labor union which was involved a labor dispute with one Lesher, publisher of certain news-ipers. On June 17, 1967, petitioner appeared at the Calico arket, a large “super-market-type” grocery store located on onument Boulevard in Concord, for the purpose of distxibu-ag handbills urging customers not to patronize Calico Market ¡cause it advertised in newspapers published by Lesher, who as engaged in…