Organization for a Better Austin v. Keefe

Respondent real estate broker applied for and obtained from the Illinois courts an injunction enjoining petitioners from distributing any literature in the City of Westchester, on the ground that their leaflets, critical of respondent's alleged "blockbusting" and "panic peddling" activities in the Austin area of Chicago, invaded respondent's right of privacy, and were coercive and intimidating rather than informative, thus not being entitled to First Amendment protection.

Held: Respondent has not met the heavy burden of justifying the imposition of the prior restraint of petitioners' peaceful distribution of informational literature of the nature disclosed by this record. Pp. 418-420.

115 Ill. App. 2d 236, 253 N.E. 2d 76, reversed.

BURGER, C.J., delivered the opinion of the Court in which BLACK, DOUGLAS, BRENNAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. HARLAN, J., filed a dissenting opinion, post, p. 420.

David C. Long argued the cause for petitioners. With him on the briefs was Willard J. Lassers.

Thomas W. McNamara argued the cause for respondent. With him on the brief was John C. Tucker.