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Reply #7: It's protected everywhere. [View All]

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Yo_Mama Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-11 01:03 PM
Response to Reply #6
7. It's protected everywhere.
First Amendment. It also has practical limitations if the time and space deprive others of their constitutional rights.

In CA, the CA SC decided in a 4-3 decision in 2007 that malls were public spaces:
http://www.nytimes.com/2007/12/25/us/25mall.html?_r=1&em&ex=1198731600&en=4dcf2519f621c8e8&ei=5087%0A

Which would seem to end the matter, but if you look at the above link, Moreno also said that:
Justice Moreno said shopping malls were entitled to enact and enforce “reasonable regulations of the time, place and manner of such free expression,” to avoid a disruption of business.

“But they may not prohibit certain types of speech based upon its content,” he wrote, like speech urging a boycott of stores.


Therefore since Target has always enforced a content neutral ban against this type of activity it may win the case.
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