Lloyd v. Tanner
407 U.S. 551 (1972)

  • Lloyd owned a shopping mall. Tanner wanted to pass out flyers in the mall to protest the Vietnam War. Lloyd tried to get Tanner removed from the property.
    • Tanner claimed he had a 1st Amendment right to free speech.
    • Lloyd claimed that the mall was private property and was not bound by the 1st Amendment.
      • The State Action Doctrine says that the Bill of Rights only applies to governmental actions.
    • Tanner claimed that when a private entity is open to the public, or performing a governmental function, they are bound by the Public Function Exception.
      • See Marsh v. Alabama (326 U.S. 501 (1946)), and Amalgamated Employees Union Local 590 v. Logan Valley Plaza, Inc. (391 U.S. 308 (1968)).
  • The US Supreme Court found for Lloyd and said that Tanner did not have a right to distribute flyers.
    • The Court distinguished Logan Valley by saying that in that case, it was a union picketing a specific store in the mall, and they couldn’t do that anywhere else. Here Tanner’s flyers had nothing to do with mall business.
    • The Court also noted that there were public streets close by, so Tanner’s right to hand out flyers was not being significantly infringed.