Temporary Restraining Orders as Unconstitutional Prior Restraints on Mass Labor Picketing: United Farm Workers v. Superior Court, 14 Cal. 3d 902, 537 P.2d 1237, 122 Cal. Rptr. 877 (1975)

Authors

David G. Wondra, University of Nebraska College of Law

Abstract

The temporary restraining order is an ex parte injunction, issued without notice or prior hearing. In United Farm Workers v. Superior Court, the constitutionality of an ex parte temporary restraining order issued in an agricultural labor dispute was attacked under the first and fourteenth amendments to the federal Constitution and article I, section 2 of the California constitution as a prior restraint on free speech. This case presented the issue of whether peaceful mass labor picketing is subject to ex parte injunctive restraint.

I. Introduction

II. The Court’s Analysis

III. The Court’s Opinion

IV. Unresolved Issues

Recommended Citation

David G. Wondra, Temporary Restraining Orders as Unconstitutional Prior Restraints on Mass Labor Picketing: United Farm Workers v. Superior Court, 14 Cal. 3d 902, 537 P.2d 1237, 122 Cal. Rptr. 877 (1975), 55 Neb. L. Rev. 718 (1976)
Available at: https://digitalcommons.unl.edu/nlr/vol55/iss4/9