Lloyd Corp. v. Tanner
Case Date: 07/22/1972
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In the Supreme Court Case: Lloyd Corp. v. Tanner, which took place on April 18th, 1972, Donald Tanner, Betsy Wheeler and Susan Roberts brought forth an altercation from 42 United States Code 1983 [1] and 28 United States Code 2201 [2] for a judgment declaring that they have the right as an American citizen to distribute hand bills in the Mall at Lloyd Center, a shopping center owned by Lloyd Corporation in Oregon. With some minor exceptions, both parties agreed on the evidence presented in front of them, but not on the conclusions to be drawn from those facts. At a few places within the Center, the corporation embedded small signs in the sidewalk, which stated: "NOTICE — Areas In Lloyd Center Used By The Public Are Not Public Ways But Are For The Use Of Lloyd Center Tenants And The Public Transacting Business With Them. Permission To Use Said Areas May Be Revoked At Any Time. Lloyd Corporation, Ltd."[3] The Corporation permitted groups which they believed were worthy to use the Mall even though they did not add to the overall customer increase/ profit. It permitted the American Legion to sell products for at least once a year, and every year before Christmas, it permitted bell ringers for the Salvation Army and Volunteers of America to set up kettles and solicit contributions. The Corporation denied any access to any other businesses looking to benefit from the shopping mall audience. It denied access to the March of Dimes and Hadassah, a national Zionist women's service organization and denied Governor Tom McCall the opportunity to make a political speech. As part of this policy, the Corporation prohibited the distribution of handbills within the mall. For many people who did not have easy access to television, radio, newspapers, and the other forms of mass media, the only way they could express themselves to a broad range of citizens on issues of general public concern was to picket, handbill, or to utilize other free or relatively inexpensive means of communication. The only means these people have to communicate effectively is to be permitted to speak in those areas in which most of their fellow citizens could be found and this is why respondents have a tremendous need to express themselves within the Lloyd Center.
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