The members of Teamsters Local 391 established a picket line immediately upon commencement of a lawful strike against their employer, Seaboard Foods, Inc., of Rocky Mount, North Carolina.

After patrolling in front of the plant, the union members were arrested for violating a Rocky Mount ordinance prohibiting picketing on a public way without a permit. The ordinance required a 72-hour advance notice for the permit. The permit could be denied by the city manager or police chief if the picketing would " create hazardous traffic conditions" or "disturb the convenience of the public."

The ordinance also placed specific limitations on picketing, allowed only ten picketers, required single-file processions only on the sidewalk, and allowed picket signs no larger than two feet. After failing in their attempt to secure a permit, the members of Local 391 were arrested again when they resumed picketing. The union challenged the Rocky Mount ordinance as unconstitutional. The city defended its ordinance as necessary to protect the safety and welfare of the citizens. Decide.