The Lloyd Corporation owns a large retail shopping center in Portland, Oregon known as the Lloyd Center. It is bounded by public streets and owns all the land and buildings within the Center. The Lloyd Center allows certain civic and charitable organizations, such as the American Legion and The Salvation Army, to have limited use of the mall. In 1960, Center institutes its strict no handbilling policy. At a few places within the Center, small signs are imbedded in the sidewalk which state its policy. Donald Tanner, Betsy Wheeler, Susan Roberts, and two other young people were anti-war protesters. They were trying to publicize a meeting of the Resistance Community. The Resistance Community was composed of people opposed to the draft and the Vietnam War. On November 14, 1968 the respondents distribute anti-war handbills within Lloyd Center. The distribution occurs in several places on the mall walkways. The five young people are quiet and orderly, and there is no littering. Security guards inform the respondents that they will be arrested if they do not cease and desist the distribution of said handbills. Respondents leave the premises in order to avoid arrest and continue handbilling outside. On January 15, 1970, respondents filed an action in the United States District Court of Oregon. Respondents sought an injunction affirming their right to distribute handbills and enjoining Lloyd Corp. from interfering with that right. Chief Judge Solomon grants the injunction, stating that the Center is open to the general public and that it is found to be the functional equivalent of a public business district. On July 7, 1971, per curiam decision, the 9th Circuit Court of Appeals upholds the constitutionality of the injunction. It states that it is bound by the lower courts factual determination as to the character of Lloyd Center and thus it must abide by the precedents in Marsh and Amalgamated Food Employees Union. In 1972, The United States Supreme Court grants the petition for cert on January 17. On the issue of public forum v. property rights, peaceful expression carried on in a location open generally to public use is, absent from other factors, is protected by the First Amendment. As such, public access must be given to streets, sidewalks, parks, and other similar public places that are historically associated with the exercise of free speech. Lovell v. Griffin, 303 U.S. 444 (1938); Hague v. CIO, 307 U.S. 496 (1939); Schneider v. State, 308 U.S. 147 (1939). The Court has also held that in some circumstances, property that is privately owned may be considered public for First Amendment purposes. Marsh v. Alabama, 326 U.S. 501, (1946) In Marsh, the Court ruled that a Jehovahs Witness had the right to distribute religious pamphlets in the business district of a town owned by a private corporation because that district was the functional equivalent of a business district in a municipality. The Court extended the rationale of Marsh to include the peaceful picketing of a store in a large shopping center. Amalgamated Food Employees Union v. Logan Valley Plaza, 391 U.S. 308, (1968). A restriction of free expression in a public forum must be able to withstand strict judicial scrutiny of its effect on First Amendment rights.

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