Grayned v. City of Rockford (1972)

Facts: Richard Grayned was convicted for participating in a demonstration in front of West Senior High School in Rockford, IL. After the principal took no action on several complaints of differential treatment for Black students and white students, approximately 200 people--students, family members, and friends--gathered next to the school grounds. Grayned, whose brother and twin sisters attended the school, participated in the demonstration. The group marched around on a sidewalk approximately 100 feet from the school building. Many carried signs supporting equal rights for Black students. There is significant disagreement as to whether or not the demonstrators could be heard by the students in the building. After warning the demonstrators, police arrested 40 of them, including Grayned. He was convicted of violating both an anti-picketing ordinance and an anti-noise ordinance. The Supreme Court of Illinois affirmed both of Grayned's convictions.

Issues:

1. Is the anti-picketing ordinance unconstitutional because it allows labor picketing but prohibits other forms of picketing?
2.  Is the anti-noise ordinance unconstitutional due to vagueness?

Court Held: Conviction affirmed in part and reversed in part
Justice Thurgood Marshall wrote the Court opinion.

1.  The anti-picketing ordinance is unconstitutional because it permits labor picketing but does not allow other forms of picketing. (9-0 for Grayned)
2.  The anti-noise ordinance is not unconstitutionally vague. (8-1 for Rockford)

Nor is it overbroad.

Rule:

1. Differential treatment violates the equal protection clause of the 14th Amendment.
2. Time, Place, Manner regulations that are narrowly tailored to further a significant government interest are permissible in regulating picketing.