demonstrating or similarly assembling in the Whitman Construction Site Area except in the designated areas, precludes individuals, singly or in groups, from moving or standing on the sidewalks and streets immediately adjacent to the construction site. The Court's Order does not prohibit the Whitman defendants from moving or standing on the sidewalks and streets immediately adjacent to the construction site. However, the Court's Order not prohibit picketing, protesting, rallying, demonstrating, or similarly assembling on the sidewalks and streets immediately adjacent to the construction site. Therefore, to the extent that moving or standing on the sidewalks and streets immediately adjacent to the construction site, even by one individual, constitutes a protest or demonstration against the construction of the townhouses, it is already clearly prohibited by this Court's Order of April 1, 1980 wherein we limited the area for demonstrating and protesting to the barricaded sidewalk area on the east side of Front Street between Oregon Avenue and Shunk Street with one informational person permitted at each gate to the construction site.
III. Prohibition on the Use of "Fighting Words" by Demonstrators
The Court heard considerable testimony on the use by demonstrators of obscene language and racial slurs directed at workers on the Whitman jobsite. The Court has found that black workers are called "nigger," "boy," "black motherfucker," "faggot," "scabbo," and "punk," and that white workers are called "motherfucker," "white nigger," "white trash," "nigger lover," "faggot," "scab," and "queer." In the atmosphere of hostility and tension at the Whitman Construction Site these words, and others like them, have a direct tendency to cause acts of violence by the person to whom, individually, they are addressed, and thus are "fighting words." Chaplinsky v. New Hampshire, 315 U.S. 568, 573, 62 S. Ct. 766, 770, 86 L. Ed. 1031 (1942). Probably the most frequently used derisive name called the workers is "scab" or "scabbo."
Although the Whitman defendants are representing to the public that they are manning a labor picket line, it is obvious from the record in this case that the Whitman defendants are not engaged in a labor dispute by protesting the construction of the townhouses. Since there is no labor dispute and no labor picket line at the Whitman site, there is no basis on which the demonstrators can justify calling the workers "scabs." Although the word "scab" may not be a fighting word in the context of some labor disputes, the terms "scab" and "scabbo" are fighting words in the atmosphere of tension which exists at the Whitman Construction Site where there is no labor dispute.
Although the workers at the Whitman jobsite have been warned not to respond in any way to the taunts of the demonstrators, and Jolly has discharged employees involved in even minor incidents with the demonstrators (N.T. 2:276-77), the use of fighting words by the Whitman defendants at the construction site has precipitated episodes of violence. One security guard, out of fear and frustration, responded physically to threats and taunts by one of the demonstrators. (N.T. 2:328-29). The Court is concerned with the potential for violence in confrontations between demonstrators and workers on the jobsite. As we pointed out in our Memorandum accompanying our Order of April 1, 1980, a history of tension or violence does not excuse the denial of civil rights, but it does justify the adoption of measures which will permit construction to proceed without violence or other impediment. Any activity that may threaten human life may be enjoined on the ground that a court of equity will not gamble with human life, at whatever odds, and on the ground that for loss of life there is no remedy that is, in an equitable sense, adequate. Harris Stanley Coal & Land Co. v. Chesapeake & Ohio Ry. Co., 154 F.2d 450 (4th Cir.), cert. denied, 329 U.S. 761, 67 S. Ct. 111, 91 L. Ed. 656 (1946). Therefore, this Court has determined that the provisions in its Order of April 1, 1980 prohibiting the use of any means to coerce, threaten or intimidate any person working on the Whitman Construction Site or having lawful business thereon preclude the use by the Whitman defendants of fighting words directed to any person working on the jobsite or having lawful business thereon. Such fighting words are not speech protected by the First Amendment. Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S. Ct. 766, 86 L. Ed. 1031 (1942). "Resort to epithets or personal abuse is not in any proper sense communication of information or opinion safeguarded by the Constitution...." Cantwell v. Connecticut, 310 U.S. 296, 309-10, 60 S. Ct. 900, 905-06, 84 L. Ed. 1213 (1940).
IV. The Painting of Lines at the Whitman Park Gates
In paragraph 1(a) of its Order of April 1, 1980, the Court authorized the United States Marshal or his Deputy at the Whitman Construction Site to designate a passageway at each gate to the construction site outside which one informational person was allowed to stand. The court intended that the United States Marshal or his Deputy designate such passageway in any reasonable manner, including the painting of two pairs of lines on Shunk Street perpendicular to the curb lines on Shunk Street to connect the north and south curbs of Skunk Street at the points at which Hancock Street and Howard Street intersect Shunk Street.
Accordingly, an appropriate Order will be entered. This Memorandum is in Lieu of Findings of Fact and Conclusions of Law pursuant to Fed.R.Civ.P. 52(a).
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