In the case of National Labor Relations Board v. Fruit & Vegetable Packers & Warehousemen, Local 760 et al., the U.S. Supreme Court ruled in favor of a union's right to picket at a retail store selling goods from an employer with whom they were having labor disputes, even if that store was not directly involved in the dispute. The court held that such secondary boycotts were protected under federal labor law as long as they did not induce any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in a strike or refusal to handle goods (secondary pressure). This decision overturned Washington State’s prohibition on peaceful consumer picketing of business establishments and affirmed that non-violent picketing falls within constitutionally protected speech.

In the dissenting opinion for the National Labor Relations Board v. Fruit & Vegetable Packers & Warehousemen, Local 760 case, Justice Goldberg argued that peaceful picketing by a union at a secondary site should not be prohibited under Section 8(b)(4)(ii) of the National Labor Relations Act (NLRA). He contended that this section was intended to prevent coercive actions by unions against neutral employers and did not apply to non-coercive activities such as informational picketing. Furthermore, he believed that banning such picketing would infringe on First Amendment rights of free speech and assembly. The majority's interpretation of NLRA in his view was overly broad and inconsistent with legislative intent. He also emphasized Congress' recognition of labor's right to publicize disputes through peaceful means including handbilling or picketing.