Brief Fact Summary. Striking union members picketed in front of a retail store that was located within a shopping mall. The general manager of the mall threatened the picketers with arrest for trespassing if they would not leave.
Synopsis of Rule of Law. A private shopping mall is not the functional equivalent of a town and, therefore, not a state actor subject to the requirements of the First Amendment of the United States Constitution (Constitution).
The distinction is one of substance.View Full Point of Law
Issue. Can a private shopping mall prohibit picketing of its tenants by members of the public?
Held. Yes. Because a shopping mall is not the functional equivalent of a town, it may restrict First Amendment rights based solely on the content of the speech.
Discussion. The majority overrules the holding of Logan Valley and reasserts the holding of Lloyd. A mall may look like and function as a small town would, yet it does not have all of the attributes of a town. So, it is not restricted by the prohibition on content-based speech review that a state actor would be under in the same circumstances.