Organization For A Better Austin v. Keefe

402 U.S. 415 (1971)

Facts

Organization For A Better Austin (P) is a racially integrated community organization in the Austin neighborhood of Chicago. Keefe (R) is a real estate broker whose office and business activities are in the Austin neighborhood. P’s stated purpose was to stabilize the racial ratio in the Austin area. P has opposed and protested various real estate tactics and activities generally known as blockbusting and panic peddling. P contends that R was one of those engaged in such tactics in that he specifically aroused fears in local white residents that Negroes were coming into the area to obtain listings to sell homes to Negroes. P alleged that since 1961 R has promoted such sales by means of flyers, phone calls and personal visits to residents of the area without regard to whether the person solicited had any desire to sell their homes. As the boundary marking the furthest westward advance of Negroes moved into the Austin area, R is alleged to have moved his office along with it. Community meetings were arranged to get R to change his real estate practices. R denied engaging in any of the alleged activities and refused to sign any kind of statements or agreements with P contending that under Illinois law it was his right to solicit real estate business as he saw fit. P then decided to distribute leaflets in Westchester describing R’s activities. The publications were critical of R’s business practices. R sought an injunction against P. The trial court entered a temporary injunction enjoining Ps from passing out pamphlets, leaflets or literature of any kind and from picketing anywhere in the City of Westchester. On appeal that Appellate Court sustained the findings of fact in that P’s activities had invaded R’s right of privacy, had caused irreparable harm and that there was no adequate remedy at law. The Supreme Court granted certiorari.