Free Speech At Shopping Centers

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Free Speech At Shopping Centers

Contents
I. Thesis Statement …………………………………………………………… 1
II. Shopping Centers & Organizations
Definitions …………………………………………………………. 1-2
III. First Amendment
Definitions ………………………………………………………… 2
IV. Evolution of Shopping Centers
Regional Shopping Centers ……………………………………….. 2-3
V. Case Studies
Pruneyard v. Robins ……………………………………………… 4-5
NJ Coalition Against War in the Middle East v. J.M.B. Realty …. 5-6
VI. Impact
Industry Reaction ………………………………………………… 7-9
VII. Future
Litigation …………………………………………………………. 9
VIII. Conclusion ……………………………………………………………….. 9-10
Thesis Statement
Is an individual’s right to freedom of speech, as granted by the First Amendment to the U.S. Constitution, valid on private property, which is owned by someone else? Specifically, can an organization not associated with a shopping center use the shopping center’s property to promote their cause? The U.S. Supreme Court has left the answer to this question up to the individual states. The majority of states, to date, have answered “no”; however, several states, most notably California and New Jersey, have answered “yes”. What is the basis for each State’s decision and how do these decisions affect the shopping center industry?
Shopping Centers & Organizations
In order to understand how the courts’ decisions affect the shopping center industry, we must first understand what a shopping center is and who the organizations are. As referred to in the two most notable court cases, Pruneyard v. Robins (“Pruneyard”) and NJ Coalition Against War in the Middle East et al. v. J.M.B. Realty Corp. et al. (“JMB”), a [regional] shopping center is defined as one that is between 300,000 square feet and 1,000,000 square feet in size and includes at least one large, over 100,000 square feet department store. During the 1990’s, regional shopping centers have given way to super regional shopping centers. Super regional shopping centers are over 1,000,000 square feet in size and usually have four or more large department stores. For comparison in Arlington, Texas, The Parks at Arlington Mall and Six Flags Mall would be considered super regional malls while Festival Marketplace Mall would be considered a regional mall. The organizations that were involved in Pruneyard and JMB consisted of peaceful political activists who were protesting Zionism and the Gulf War, respectively. As far as a shopping center is concerned, anyone not associated with operating the center i.e., employees, contractors...

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