In the case of Edward J. DeBartolo Corp. v. National Labor Relations Board et al., 1982, the Supreme Court ruled in favor of DeBartolo Corporation, a shopping center owner who had been charged with unfair labor practices by the National Labor Relations Board (NLRB). The NLRB claimed that DeBartolo violated federal law when it distributed leaflets to customers urging them not to shop at stores under construction by a non-union contractor within its mall due to poor working conditions and wages for workers. However, the court held that such peaceful handbilling was protected under First Amendment rights and did not constitute an unfair labor practice or secondary boycott as defined by Section 8(b)(4) of the National Labor Relations Act (NLRA). This decision clarified that while certain forms of picketing may be prohibited under NLRA, distributing informational leaflets is considered a less intrusive form of communication and thus permissible.

In the dissenting opinion for Edward J. DeBartolo Corp v. National Labor Relations Board, Justice White disagreed with the majority's interpretation of Section 8(b)(4) of the National Labor Relations Act (NLRA). He argued that it was clear from both its language and legislative history that Congress intended to prohibit secondary boycotts in all forms, including peaceful handbilling urging a consumer boycott of a neutral employer. The majority's decision to interpret this section narrowly so as not to infringe on First Amendment rights was seen by Justice White as an unwarranted judicial amendment of statutory law. In his view, if there were constitutional issues at stake, they should be addressed directly rather than avoided through reinterpretation of legislation.