The U.S. Supreme Court case, HUDGENS v. NATIONAL LABOR RELATIONS BOARD et al., 1975, revolved around the issue of whether a privately-owned shopping center could prohibit union picketing on its property that was not directly related to any of the businesses within the center itself. The National Labor Relations Board (NLRB) had previously ruled in favor of the union, asserting that they had a First Amendment right to protest there. However, upon reaching the Supreme Court, this decision was overturned with Justice Thurgood Marshall delivering an opinion for a unanimous court. The court held that while employees have certain rights under federal labor law to engage in concerted activities such as strikes and picketing for mutual aid or protection against their employer; these rights do not extend so far as to allow them access onto private property owned by someone else who is unconnected with their dispute - even if it's open generally to public use like shopping centers are. This ruling essentially established that private property owners' rights can supersede those of unions when it comes down to where protests may be conducted legally.

In the dissenting opinion for HUDGENS v. NATIONAL LABOR RELATIONS BOARD et al., Justice Marshall argued that the majority's decision undermined workers' rights to protest and organize, which are protected under federal labor laws. He contended that private property rights should not automatically override these protections, particularly in cases where large shopping centers function as public spaces. In his view, such a broad interpretation of property rights could potentially limit free speech and assembly in many areas of society beyond just labor disputes. Furthermore, he criticized the majority for overruling previous decisions without sufficient justification or consideration for their potential impact on worker's rights and freedoms.