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echo: god.and.gov
to: Gary Wiltshire
from: Bill Lucy
date: 2003-03-10 17:55:00
subject: Re: Freedom of Speech?

From: Bill Lucy 

Out of darkness, Gary Wiltshire says...
> Wrong.  Exactly the opposite in the courts.

Wow. Made me look.

It appears that both you and Bob are incorrect. A number of state courts have ruled
that 1st and 14th Amendment related activity is allowed as long as it
doesn't violate certain commerce and taking activities.

But the final word is from the Supreme Court in 1980. The case is Pruneyard
Shopping Center v. Robins (447 US 74, 100 S.Ct. 2035, 64 L.Ed.2d 741). The
bottom
line? If there is public space immediately adjacent (public sidewalks for instance)
then the mall operator *may* have a right to ask the offender to leave. The reason
I say "may" is that the action should be one covered explicitly
by the rules of the
mall itself.

Even if it isn't covered, the mall may have the right to expel the offender.



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