In the case of International Union of Operating Engineers, Local 150, AFL-CIO v. Flair Builders, Inc., the U.S Supreme Court ruled in favor of Flair Builders. The dispute arose when a labor union picketed at a residential construction site operated by Flair Builders to compel them to hire only unionized workers. This action was deemed illegal under Illinois law which prohibited such practices on residential sites unless there was an existing labor dispute between the workers and their employer - which wasn't present in this case. The court held that while unions have a constitutional right to free speech and assembly, these rights do not supersede state laws aimed at protecting citizens from unwanted intrusions into their privacy or peaceful enjoyment of their homes. Therefore, it upheld Illinois' restriction on picketing as it served significant government interests without infringing upon more speech than necessary.

In the dissenting opinion for the case of International Union of Operating Engineers, Local 150, AFL-CIO v. Flair Builders, Inc., Justice Black disagreed with the majority's decision to uphold a state court ruling that allowed an employer to sue a union for damages resulting from peaceful picketing. He argued that this violated First Amendment rights and was contrary to previous Supreme Court decisions which protected non-violent labor protests. Furthermore, he contended that allowing such lawsuits could have chilling effects on unions' abilities to advocate for their members' interests effectively. In his view, if employers could easily sue unions over any perceived economic harm caused by peaceful picketing or other forms of protest, then these essential tools in labor disputes would be significantly weakened.