The Department of Labor and Industrial Relations and Todd Smith Missouri Cases

Rebecca Karney and Johnny Miller, dispatchers and union members, challenged the constitutionality of a Missouri statute requiring labor agreements to prohibit "picketing of any kind." The circuit court declared the provision unconstitutional and enjoined its enforcement. The Missouri Supreme Court affirmed the circuit court's judgment, holding that the blanket prohibition on "picketing of any kind" violated public employees' free speech rights under the Missouri Constitution. The Court further held that the unconstitutional phrase could be severed, leaving the remainder of the statute intact and constitutional.