Lloyd Corporation, Ltd. v. Tanner

PETITIONER: Lloyd Corp. Ltd.
RESPONDENT: Donald Tanner et al.
LOCATION: Lloyd Center Mall

DOCKET NO.: 71-492
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Ninth Circuit

CITATION: 407 US 551 (1972)
ARGUED: Apr 18, 1972
DECIDED: Jun 22, 1972

ADVOCATES:
Carl R. Neil - argued the cause for the respondents
George Black Jr. - argued the cause for the petitioner

Facts of the case

Donald Tanner was a Vietnam War protestor who was distributing anti-war handbills inside Lloyd Center Mall in Portland, Oregon. The handbills were unrelated to the operations of Lloyd Center. Lloyd Center was privately owned by Lloyd Corporation, which prohibited the distribution of handbills inside the mall. While distributing handbills, Tanner and other protestors were informed by mall security that they should stop their distribution or be subject to arrest. The protestors ended their distribution, left the mall, and filed suit against Lloyd Corporation in United States District Court for the District of Oregon alleging their First Amendment right to free speech had been violated. The District Court ruled in their favor. The United States Court of Appeals for the Ninth Circuit.

Question

Were Tanner and the other protestors' First Amendment right to free speech violated by Lloyd's refusal to allow them to distribute handbills on mall property?

Media for Lloyd Corporation, Ltd. v. Tanner

Audio Transcription for Oral Argument - April 18, 1972 in Lloyd Corporation, Ltd. v. Tanner

Warren E. Burger:

We will hear arguments next in 71-492, Lloyd Corp. against Tanner.

Mr. Black, you may proceed whenever you are ready.

George Black Jr.:

Mr. Chief Justice, may it please the Court.

This case is here upon the issuance of a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit.

The case involves a controversy between shopping center owner and an anti-war handbiller.

I believe, if I am able to properly describe the factual situation in this case, it will be found not to be the same factual situation as in Marsh against Alabama, nor in Logan Valley, nor in Central Hardware.

The petitioner, Lloyd Corporation is the owner of a number of pieces of land divided by public streets in Portland, Oregon, used for shopping centers, as a shopping center, and known generally as Lloyd Center in Portland, Oregon.

The respondents in this case are individuals who represented, what they termed the resistance, advocating resistance to the military draft.

Their handbills were anti-war, anti-draft handbills.

These respondents sought to distribute their handbills on certain portions of petitioner's land, in a mall or walkway, in the main building of the the petitioner in Lloyd Center.

May I refer briefly to the Appendix in which we have copied photographs of the center map, and there is a map, first, center at Page 115.

I would -- also at Page 116 is an aerial photograph, Exhibit number 4 of the center and similarly another aerial photograph at Page 117.

The area, that is the entire area including the various buildings and the public streets in the center and the main building, are said to be something in the neighborhood of 50 acres.

William O. Douglas:

And how many public streets run through these, five or six, as I remember?

George Black Jr.:

Yes, there are, they run through the various parts of the center, Mr. Justice Douglas.

None run through the main building which is really the subject of this particular handbilling.

Warren E. Burger:

Are the public streets identifiable in any way, marked in any way that we see them on here?

George Black Jr.:

There are pictures of the malls and of the public areas, but I don't think that there is a picture of the street as such.

Potter Stewart:

Well, Mr. Black --

Byron R. White:

Exhibit on Page 115 show the Broadway, Weidler, Halsey, they are all public streets --

George Black Jr.:

Yes, the map that I understood you mean in addition to that map at Page 115.

That will show the public streets.

I think, probably it will answer your question.

That's Exhibit number 3, and referring to it, you will note that the center on the north is bound by what is known as Broadway.

A next street that runs through the center is known as Weidler Street, a second one proceeding on down the map is known as Halsey Street, and on the West or left-hand side, the map as one is looking at it, at the 9 street, on the East is I think 16th Avenue and on the South, bottom part of the map here, what you will notice is Multnomah Street, plus an indentation of a public park called the Holiday Park and some other streets, referring further to this map which maybe is the easiest way to explain this.

There is a dark line around the perimeter of Lloyd center which includes the private areas and the public areas.

That perimeter is approximately one-and-a-half miles.

With reference to the -- this was not a suburban operation as such, when it was created.

These lots and streets were there at the time Lloyd bought that property.

Not in the Appendix but in the record, is a map of the City of Portland, which I think, is number 3(a), the Exhibit 3(a), which shows the approximate location here of Lloyd Center in the City of Portland.