On November 14, 1968, Vietnam protesters attempted to disseminate literature against the draft and war at Lloyds Center in Portland, Oregon. The mall had a policy, however, that prohibited the distribution of handbills on its premises that had no relation to the Center’s operation. After a patron complained, security threatened to arrest the protesters if they continued to violate the Center’s rules. A lawsuit ensued– Lloyd Corporation v. Tanner.
On April 18, 1972, the case was argued before the Supreme Court. The question presented was–does a mall, open to the public, have a right to prevent visitors from exercising their First Amendment rights on their privately-owned property? You can listen to the court proceedings at https://goo.gl/QF1VrP. On June 22, 1972, the Court held (in a 5-4 decision) Lloyds Center could prohibit others from distributing literature on their premises. You can read the Court’s opinion at https://goo.gl/0NzQMP.