Ours is theirs

December 26, 2007

The war on private property continues:

The California Supreme Court has ruled that shopping malls can’t stop protesters from urging the boycott of stores while on mall property.

In a 4-3 decision Monday, the justices ruled that the Fashion Valley mall in San Diego violated California’s free speech laws when it kicked out demonstrators in 1998.

It can be satisfying to see the big, bad mall get its comeuppance, but private property is priavate property. By the logic of this decision, someone could go on somebody’s front porch with a picket sign protesting the color of the house. While we’re all arguing about the Second Amendment, government just gets sneakier.

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2 Responses to “Ours is theirs”

  1. Doug Says:

    >>By the logic of this decision, someone could go on somebody’s front porch with a picket sign protesting the color of the house.<<

    Not unless you routinely invite the public on to your property like the mall does.

    I can see problems with holding mall owners to different standards with respect to allowing speech, but your example is not one of them. Malls are treated as public forums because mall owners encourage random members of the public to congregate on the property.

  2. Michaelk Says:

    Doug has it. Silver Spring and others are ending up in a similar state.


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