Taking a Free Newspaper from a Neighbor's Mailbox
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Question
Hello, Newspapers and similar items that are distributed for free in mailboxes, is it permissible to take them and say that there is no theft here because it is an unguarded area, and furthermore, and even if so, is there any prohibition ['Love your neighbor as yourself'] or moral aspects in this matter? And is it possible to threaten that if someone takes it again without permission, they will pay a fine or face criminal charges? Thank you very much.
Answer
A newspaper or advertisement that is distributed for free. If it was placed by the distributor in a closed mailbox, where the newspaper is preserved, it is forbidden by the law of theft to remove it from there, as the owner of the mailbox has acquired it.
If the mailbox is open, or the newspaper is sticking out of it, there is a dispute among the authorities whether the owner of the mailbox has acquired it, and the ruling is to be stringent and not take from there.
Certainly, one who takes from such a mailbox, besides being in doubt of violating the law of theft, also transgresses the commandment 'Love your neighbor as yourself', as everyone is distressed and angry if someone rummages and removes things from their mailbox.
It is forbidden to threaten with going to secular courts, as it is forbidden by law to turn to them. However, it is permissible to explain to the taker the severity of the distress they are causing you.
Source
Shulchan Aruch, Choshen Mishpat, Siman 200, Netivot HaMishpat (there), Makneh (Kiddushin 26).