Smithkline Beecham Corp. v. Stop Huntingdon Animal Cruelty USA

959 A.2d 352, 2008 Pa. Super. 237, 2008 Pa. Super. LEXIS 3923, 2008 WL 4448249
CourtSuperior Court of Pennsylvania
DecidedOctober 3, 2008
Docket2034 EDA 2007, 2035 EDA 2007
StatusPublished
Cited by10 cases

This text of 959 A.2d 352 (Smithkline Beecham Corp. v. Stop Huntingdon Animal Cruelty USA) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smithkline Beecham Corp. v. Stop Huntingdon Animal Cruelty USA, 959 A.2d 352, 2008 Pa. Super. 237, 2008 Pa. Super. LEXIS 3923, 2008 WL 4448249 (Pa. Ct. App. 2008).

Opinion

OPINION BY

KLEIN, J.:

¶ 1 Nicholas Cooney appeals from the order finding him in contempt of a November 27, 2006 injunction (“the 2006 injunction”) and the issuance of a more restrictive injunction, dated June 22, 2007 (“the 2007 injunction”). Cooney claims on appeal that the 2007 injunction is an unconstitutional restriction on his First Amendment free speech rights, that the lower court impermissibly assumed extraterritorial jurisdiction in issuing the 2007 injunction, and that the lower court erred in finding him to be in contempt of the 2006 injunction. We affirm in part and reverse in part.

¶ 2 GlaxoSmithKline (GSK) is a pharmaceutical company that contracts with private laboratories such as Huntingdon Life Sciences, LTD (HLS) to conduct research on its products. Cooney is the director of Hugs for Puppies (HFP), a Philadelphia-based non-profit animal advocacy organization, and a member of the Philadelphia branch of Stop Huntingdon Animal Cruelty (SHAC), an international animal advocacy group that partakes in various forms of protest against HLS because it believes HLS performs cruel and inhumane testing on animals. Cooney, HFP and members of SHAC began target protesting GSK and its employees in 2006 because of GSK’s business relationship with HLS. Cooney, his codefendants and other members of HFP and SHAC picketed outside of GSK’s Philadelphia facilities, as well as outside personal residences of several of GSK’s top employees. The picketers often threatened the employees with statements such as “we know where you sleep at night” and “I’ll kill you, you motherfucker!” The picketers used bullhorns, published defamatory materials, harassed GSK employees and their families and frequently blocked ingress and egress to both private homes and GSK’s facilities. On several occasions the picketers sprayed graffiti on personal property, wore bandanas to cover their faces or wore all black, and made harassing phone calls to employees.

¶ 3 On November 8, 2006, GSK and several individual employees (Individual Plaintiffs) filed a complaint in equity seeking an injunction to stop harassment and intimidation by SHAC, HFP, Cooney and several other individuals. The lower court issued an injunction on November 27, 2006 enjoining them from, inter alia, harassing, stalking and intimidating GSK and the Individual Plaintiffs and preventing them from picketing or protesting within 100 feet of the Individual Plaintiffs’ homes and within 50 feet of GSK’s facilities. Cooney appealed the 2006 injunction, arguing that it violated his First Amendment rights, and this Court upheld its constitutionality. On June 20, 2007, GSK and the Individual Plaintiffs filed an emergency petition for civil contempt, alleging that Cooney and others violated the injunction by organizing and conspiring with another group of animal rights extremists (AREs) and violently protesting at the Individual Plaintiffs’ homes and GSK’s facilities. At the June 22, 2007 hearing on the emergency petition, at which Cooney and his codefen-dants did not appear, the lower court found Cooney and his codefendants in contempt of the 2006 injunction and amended the injunction to further restrict the actions of Cooney and the other defendants. Specifically, the amended injunction (the 2007 injunction) states in relevant part:

*356 5) The above named defendants, individually and collectively, and all persons acting in any manner at their behest or in concert with them, directly or indirectly, are hereby ENJOINED from:
d) trespassing, entering, coming onto, or interfering with the use and enjoyment of any real property owned, occupied, or in the possession of GSK [or] the Individual Plaintiffs ...; ... f) placing or maintaining upon any website or otherwise disseminating any private or personal information, including but not limited to, names, home addresses, home phone numbers, mobile phone numbers, e-mail addresses, bank account numbers, credit card numbers, social security numbers, vehicle license plate numbers, or drivers’ license numbers, regarding GSK [or] the Individual Plaintiffs ...; ...
h) at any time or in any manner whatsoever engaging in any picketing, demonstrating, leafleting, protesting or congregating at GSK’s facilities, including but not limited to offices, laboratories, manufacturing plants or parking lots, or otherwise preventing or obstructing any ingress or egress of people, vehicles, or any deliveries to or from GSK’s facilities;
i) at any time or in any manner whatsoever engaging in any picketing, demonstrating, leafleting, protesting or congregating at the homes of the Individual Plaintiffs and/or any person otherwise affiliated with or providing goods or services to GSK and the Individual Plaintiffs, including any person known or believed to be a GSK employee;
j)in any manner whatsoever engaging in any action or conduct which is intended to or has the necessary effect of threatening, intimidating, harassing or coercing the Individual Plaintiffs and/or any person otherwise affiliated with or providing goods or services to GSK and the Individual Plaintiffs, including any person known or believed to be a GSK employee

(Injunction Order, dated June 22, 2007.) This appeal follows.

¶ 4 First, Cooney argues that the 2007 injunction is an unconstitutional restriction on protected speech. Cooney claims his First Amendment rights are violated because the 2007 injunction is a blanket ban on picketing at both residential and business sites that leaves him and his codefen-dants with no alternate means of communication. Additionally, Cooney argues that provision 5(d) 1 , which prohibits interference with the use and enjoyment of real property, is unconstitutionally vague. He also challenges provision 5(f), which prohibits publication of personal information of GSK’s employees, as being unconstitutional because the First Amendment protects the publication of truthful material. Finally, Cooney claims that provision 5(j) is an unlawful expansion of the lower court’s extraterritorial jurisdiction.

¶ 5 When reviewing a content-neutral injunction, 2 this Court must ask *357 “whether the challenged provisions of the injunction burden no more speech than necessary to serve a significant government interest.” Madsen v. Women’s Health Center, Inc., 512 U.S. 753, 765, 114 S.Ct. 2516, 129 L.Ed.2d 593 (1994). A commonly recognized government interest is “[t]he State’s interest in protecting the wellbeing, tranquility, and privacy of the home,” which is considered to be “of the highest order in a free and civilized society.” Frisby v. Schultz, 487 U.S. 474, 484, 108 S.Ct. 2495, 101 L.Ed.2d 420 (1988). This Court has held that “courts of this Commonwealth can enjoin activity which violates an individual’s residential privacy.” Klebanoff v. McMonagle, 380 Pa.Super. 545, 552 A.2d 677, 678 (1988) (citations omitted).

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Bluebook (online)
959 A.2d 352, 2008 Pa. Super. 237, 2008 Pa. Super. LEXIS 3923, 2008 WL 4448249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smithkline-beecham-corp-v-stop-huntingdon-animal-cruelty-usa-pasuperct-2008.