The U.S. Supreme Court case Sears, Roebuck & Co. v. San Diego County District Council of Carpenters in 1977 revolved around the issue of labor disputes and picketing activities on private property rights. The San Diego County District Council of Carpenters union had been peacefully picketing at a Sears store to protest against non-union carpentry work being done there, but they were not directly involved with any labor dispute with Sears itself. The company filed suit seeking an injunction to stop the picketing activity claiming it was trespassing on their private property rights and causing business disruption. The court ruled in favor of Sears stating that under federal law, specifically the National Labor Relations Act (NLRA), state courts could not prohibit peaceful picketing when no labor dispute existed between the employer and its employees or between it and the union conducting such action unless if it interfered with normal business operations or caused significant harm to property interests.

In the dissenting opinion for Sears, Roebuck & Co. v. San Diego County District Council of Carpenters, Justice Brennan argued that the majority's decision to deny federal jurisdiction over state trespass laws was misguided and inconsistent with previous rulings on similar cases. He contended that labor disputes should be considered under federal law due to their national significance and potential impact on interstate commerce. Furthermore, he criticized the majority's reliance on a distinction between "arguably protected" and "arguably prohibited" conduct in determining jurisdictional boundaries as arbitrary and confusing. In his view, this approach could lead to unnecessary litigation by forcing parties involved in labor disputes to guess whether their actions would fall within or outside these categories.