08-29-2010, 06:05 PM
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Confirmed User
Industry Role:
Join Date: Feb 2010
Location: California
Posts: 3,068
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Quote:
Originally Posted by Ron Bennett
And you'd be wrong...
"Mall Can't Ban Religious Conversations, Court Says"
http://www.courthousenews.com/2010/08/16/29625.htm
The recent case involved the mall imposing rules on the nature of conversations patrons could have ... and the appellate court struck it down - despite the mall being private property, patrons still have some free speech rights there.
As for the fairgrounds - was it a public accommodation (that is open to the general public much like a store, mall, etc) or was the event private? ... and if so, was the guy trespassing?
Regardless, either way, due to the president being there, it's likely the guy will be hard pressed to get any compensation - those with the "gold" make the "rules" - in the view of the power elite, much of the public, including that guy, is nothing more than a bunch of tiny gnats that can be squashed with no real consequences - protesters of high profile issues / events always need to keep that in mind and plan accordingly.
Ron |
Actually, no I would not be wrong. There is a limited exception for shopping centers/malls, because the law considers shopping centers/malls to be public meeting areas. That exception doe not transfer to all private property, just shopping centers/malls.
As a general rule, the owner of private property is free to restrict expressive activities of others on the property. You are under no First Amendment obligation to admit people into your living room and then listen to them blow off about any topic of their choice. Similarly, an owner of a restaurant has no duty to allow persons who dislike the food she serves into the restaurant so the person can annoy customers or discourage others from eating there.
http://www.law.umkc.edu/faculty/proj...tateaction.htm |
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