Amalgamated Food Employees Union, Local 590 v. Logan Valley Plaza, Inc./Concurrence Douglas

Mr. Justice DOUGLAS, concurring.

Picketing on the public walkways and parking area in respondents' shopping center presents a totally different question from an invasion of one's home or place of business. While Logan Valley Mall is not dedicated to public use to the degree of the 'company town' in Marsh v. State of Alabama, 326 U.S. 501, 66 S.Ct. 276, 90 L.Ed. 265, it is clear that respondents have opened the shopping center to public uses. They hold out the mall as 'public' for purposes of attracting customers and facilitating delivery of merchandise. Picketing in regard to labor conditions at the Weis Supermarket is directly related to that shopping center business. Why should respondents be permitted to avoid this incidence of carrying on a public business in the name of 'private property'? It is clear to me that they may not, when the public activity sought to be prohibited involves constitutionally protected expression respecting their business.

Picketing is free speech plus, the plus being physical activity that may implicate traffic and related matters. Hence the latter aspects of picketing may be regulated. See Bakery and Pastry Drivers and Helpers Local 802 v. Wohl, 315 U.S. 769, 776 777, 62 S.Ct. 816, 819-820, 86 L.Ed. 1178 (concurring opinion); Hughes v. Superior Court of State of California in and for Contra Costa County, 339 U.S. 460, 464-465, 70 S.Ct. 718, 720-721, 94 L.Ed. 985; Building Service Employees International Union Local 262 v. Gazzam, 339 U.S. 532, 536-537, 70 S.Ct. 784, 786-787, 94 L.Ed. 1045. Thus, the provisions of the injunction in this case which prohibit the picketers from interfering with employees, deliverymen, and customers are proper. It is said that the picketers may be banished to the publicly owned berms, several hundred feet from the target of their criticism. But that is to make 'private property' a sanctuary from which some members of the public may be excluded merely because of the ideas they espouse. Logan Valley Mall covers several acres and the number of picketers at any time has been small. The courts of Pennsylvania are surely capable of fashioning a decree that will ensure noninterference with customers and employees, while enabling the union members to assemble sufficiently close to Weis' market to make effective the exercise of their First Amendment rights.

Mr. Justice BLACK, dissenting.