Opinion
July 6, 1967
Order entered December 6, 1966, unanimously modified, on the law and on the facts, to strike therefrom that paragraph thereof designated as (1), and to substitute in place of said paragraph the following: (1) Demonstrating, congregating, picketing, displaying or distributing any leaflets or pamphlets or other materials, in or on such part or parts of the premises known as Lincoln Towers, as are reserved to the plaintiff for its own use, and they are further enjoined from conducting themselves in any manner that will tend to interfere with ingress and egress upon the premises by other tenants, or others lawfully upon the premises, or interfere with their normal enjoyment of such premises. The order is otherwise affirmed, without costs and without disbursements. We believe that the injunction as granted was entirely too broad. The defendants in this action should be permitted the right to picket and otherwise demonstrate in a peaceful manner. Picketing of this nature is but an extension of the right to free speech. Of course, the right of freedom of speech is not absolute and is subject to limitations. It is for that reason that picketing must be conducted in such manner that will not interfere with the ordinary enjoyment of the premises by other tenants, and by the owner of the premises. On the other hand, that portion of the order appealed from which prohibits defendants from displaying aluminum foil or other material from the windows of the apartments at Lincoln Towers should be permitted to stand. The outside of the building was not rented to the tenants, and their action in displaying material from the windows was in effect a trespass upon a portion of the building reserved to the plaintiff.
Concur — Steuer, J.P., Capozzoli, Tilzer, Rabin and McGivern, JJ.