Congressional Digest

Supreme Court Debates January 2003 No. 1 Vol. 6
The Hobbs Act

Abortion Protests as Extortion

Use of Federal Antiracketeering Law Against Demonstrators

The Hobbs Act

Legislative Background and Early Application

The history of the Hobbs Act extends back to the Anti-Racketeering Act of 1934 (ARA). The ARA prohibited the use or threat of force, violence, or coercion to obtain money or other consideration through interstate commerce. However, it contained a labor exclusion preventing courts from applying the "Act in such manner as to impair, diminish, or in any manner affect the rights of bona-fide labor organizations in lawfully carrying out the legitimate objects thereof. …" The labor exclusion came into play in 1942, when the Supreme Court held that the ARA was not to be applied to threats used to…

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