Picketing on Private Property

Picketing at Homes

• Commercial solicitation can be banned by the city. (Exception: with homeowner's prior consent)
• Non-commercial solicitation (political or religious material) can be regulated--but not completely prohibited--by the city.
• All solicitations in apartment complexes and buildings can be banned by the owners of the property.

Picketing at Shopping Centers

• 1968 Amalgamated Food Employees Union v. Logan Valley Plaza (6-3 for union)

A mall is a "business block," and the union can picket peacefully outside near the supermarket.

• 1972 Lloyd Corp. v. Tanner (5-4 for Lloyd Corp)

Mall owners can ban leaflet distribution inside an enclosed mall if not tied to mall activity. However, leaflet distribution outside is permissible.

• 1976 Hudgens v. NLRB (6-2 for Hudgens)

There is no right to picket a store in a mall, even in a legitimate labor dispute. There is no constitutional right to advertise the fact that you are on strike.

Ruling in Logan Valley Plaza is reversed.

• 1980 PruneYard Shopping Center v. Robins  (9-0 for PruneYard)

The USSC affirmed the right of states to require more opportunity for expression than is required by the U.S. constitution.