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Lloyd Corporation, Ltd. v. Tanner (docket #: 71-492) (1972)  [Findlaw]

Secondary Link Lloyd Corporation, Ltd. v. Tanner  [Legal Information Institute]
Argument Date 04/18/1972
Decided 06/22/1927
Supreme Court Vote 5-4
Note Amalgamated Food Employees Union v. Logan Valley Plaza (1968), distinguished because its precedent is limited to 1) a dispute involving one of the shopping center/mall’s tenants and 2) conditions were no realistic alternative for expression exists.
Supreme Court Ruling First Amendment claim denied.
IssueWhether respondents, in exercise of asserted First Amendment rights, may distribute handbills in a private shopping mall contrary to the owner's wishes and contrary to a policy enforced against all handbilling.
Case Summary & Additional Resources
Majority Opinion Powell, J. (joined by Burger, J., White, J., Blackmun, J., and Rehnquist, C.J.)
Dissenting Opinion Marshall, J. (joined by Douglas, J., Brennan, J., and Stewart, J.)
Certiorari Granted 01/17/1972
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim sustained.
For Petitioner
George Black, Jr.

For Respondent
Carl R. Neil

For Amicus
Jerry Kronenberg; Gerard C. Smetana; Alan Raywid, Amicus Curiae Brief for the American Retail Federation.

Lawrence M. Cohen; Allen B. Gresham, Amicus Curiae Brief for the Homart Development Co.

Opinion - Lower Court
Tanner v. Lloyd Corporation, Ltd., 446 F.2d 545, (9th Circ., 1971)
"Shopping-Center Industry Hails Court," New York Times, July 2, 1972, sect. F, p. 7
"Property Rights v. Free Speech," New York Times, July 9, 1972, sect. E, p. 9
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