The Lloyd Corp., Ltd. v. Tanner et al., 1971, is a U.S Supreme Court case that revolved around the issue of First Amendment rights in private shopping centers. The respondents, who were anti-war activists, distributed handbills inside the privately owned Lloyd Center mall in Portland to protest against the Vietnam War draft without obtaining permission from the owners. When they were asked to leave by security officers and refused, they were arrested for trespassing which led them to file a lawsuit claiming their First Amendment rights had been violated. The court ruled in favor of Lloyd Corp with a 5-4 decision stating that while people do have freedom of speech under the First Amendment right, this does not extend into privately owned spaces such as shopping malls where commercial transactions are primary activities rather than free expression or communication among its patrons. Therefore, it was concluded that property rights could limit free speech when on private property and hence upheld charges against protesters for trespassing.

In the dissenting opinion for Lloyd Corp., Ltd. v. Tanner et al., Justice Thurgood Marshall argued that the majority's decision to prioritize private property rights over First Amendment freedoms was misguided and overly simplistic. He contended that shopping malls, like the one owned by Lloyd Corp., had become de facto public spaces due to their size, accessibility, and role in community life. As such, they should be subject to some of the same constitutional requirements as traditional public forums like streets or parks - including allowing peaceful political protest on their premises under certain conditions. Furthermore, he disagreed with the majority's assertion that mall owners would suffer undue hardship from this requirement; instead suggesting it could easily be managed through reasonable time-place-manner restrictions on speech activities.