Amalgamated Employees Union Local 590 v. Logan Valley Plaza, Inc.
391 U.S. 308 (1968)
Logan owned a mall containing
a Weis supermarket. Amalgamated sent picketers to the mall to protest
Weis' union policies.
Logan attempted to get
Amalgamated off their property.
Amalgamated claimed they had
a 1st Amendmentright
to free speech.
Logan claimed that the 1st
Amendment doesn't apply on private
The State Action
Doctrine says that the Bill of
Rights only applied to governmental actions, not those of
The US Supreme Court found for
The US Supreme Court noted
that picketing on public property would be covered by the 1st
The Court looked to Marsh
v. Alabama (326 U.S. 501 (1946)) and
found that when the general public has unrestricted access to a business
area, the State may not use it's trespass laws to exclude members of the
public wishing to exercise their 1st Amendment rights.
This is an extension of the
Public Function Exception.
The Court found that the
exercise of 1st Amendment
rights may be regulated where such exercises unduly interfere with the
normal use of the public property by other members of the public.
This decision was later
overturned in Hudgens v. National Labor Relations Board (424 U.S. 507 (1976)), which found that only
businesses which meet the Public Function Exception are
bound by the 1st Amendment.