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).

Facts. Butler Shoe Co. warehouse workers went on

strike and decided to picket the nine retail locations
in Atlanta. One of those stores was located within the
North DeKalb Shopping Center, owned by the
Petitioner, Hudgens (Petitioner). After the picketers
had been marching for about half an hour, the
general manager of the shopping center threatened
to have the strikers arrested if they did not leave.

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.