Google
 
Web rhymeswithright.mu.nu

December 26, 2007

Property Rights Trumped In California

California has a very odd view of property rights -- it seems that if you operate a business open to the public, you are subject to all the impediments placed upon government by the First Amendment. This means, of course, that if there are any "public areas" to the establishment, the public can come in and engage in speech that is detrimental to one's business or that or one's clients.

That leads to decisions like this one.

The California Supreme Court ruled Monday that privately owned shopping malls cannot stop protesters from demonstrating there to urge a boycott of one of the tenants.

In a 4-to-3 decision, the court said a San Diego mall violated California law protecting free speech when its owners barred protesters from distributing leaflets in front of one of the mall’s stores, asking shoppers not to give the store their business.

“A shopping mall is a public forum in which persons may reasonably exercise their right to free speech,” Justice Carlos R. Moreno wrote in the majority opinion.

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.

Thre are, of course, two points in this article that leap rapidly to mind.

1) Why the heck can't private property owners prohibit any or all speech -- including based upon content -- as a proper and legitimate exercise of their property rights?

2) Why has this case taken nearly a decade to percolate through the courts? After all, this is based upon a protest that took place in 1998!

But the bigger issue in my book is that a shopping mall is not a public forum -- it is a place of business to which the public is invited for the limited purpose of shopping. To the degree that groups are invited in for other purposes -- such as carolers in the central plaza or antique car shows or other such events -- that is done to facilitate the primary purpose of the shopping mall, which is the sale of tenant merchandise. And to require that the mall permit speech explicitly intended to disrupt that the primary purpose of the mall seems to be an outrageous infringement upon the property rights of the owners and the rights of their tenants.





|| Greg, 09:37 AM || Permalink || Comments (7) || Comments || TrackBacks (0) ||

Trackback Information for Property Rights Trumped In California

TrackBack URL for this entry: http://blog2.mu.nu/cgi/trackback.cgi/232930
Listed below are links to weblogs that reference 'Property Rights Trumped In California'.

Comments on Property Rights Trumped In California

So, does this extend to recognizing that Criminal Free Fire Zones (Gun Free Zones) imposed by mall owners are an infringement upon the rights protected by the Second Amendment?

|| Posted by Fox 2!, December 26, 2007 11:30 AM ||

We are dealing with California, my friend, where they don't believe the Second Amendment exists at all.

|| Posted by Rhymes With Right, December 26, 2007 11:31 AM ||

Too true.

I still think that Bloomberg (capo di tutti capo), the Corporation Counsel (consiglieri) and the Corporation of the City of New York (famiglia) should be prosecuted under RICO for the "straw purchase in Carolina" program.

|| Posted by Fox 2!, December 26, 2007 12:42 PM ||

Too true.

|| Posted by Fox 2!, December 26, 2007 12:44 PM ||

Sorry about that. Thought it hadn't gone through. Mea culpa.

|| Posted by Fox 2!, December 26, 2007 12:45 PM ||

Cool -- we've been having some commenting problems here.

Were I not having template problems on the new blogging platform i was planning to go to on January 1 (had plans for an exciting new design launch), I'd dump MT right now.

|| Posted by Rhymes With Right, December 26, 2007 12:53 PM ||

Rhymes With Right - Property Rights Trumped In California
aegtvyilqb
egtvyilqb http://www.gjv6fh4f7247g471s4b1vutkp552u88ms.org/
[url=http://www.gjv6fh4f7247g471s4b1vutkp552u88ms.org/]uegtvyilqb[/url]

|| Posted by egtvyilqb, March 11, 2018 05:50 PM ||
Post a comment

Remember personal info?


 

 





AnotherMunublogSmall.jpg





Winner - 2014 Fabulous 50 Blog Awards
Winner - 2014 Fabulous 50 Blog Awards

Winner - 2013 Fabulous 50 Blog Awards

Winner - 2012 Fabulous 50 Blog Awards

Winner - 2011 Fabulous 50 Blog Awards

Winner - 2010 Fabulous 50 Blog Awards

Winner - 2009 Fabulous 50 Blog Awards

Posts by Category

Abortion (posts: 2)
Announcements (posts: 14)
Blogging (posts: 188)
Border Issues & Immigration (posts: 422)
deferred (posts: 4)
Education (posts: 686)
Entertainment & Sports (posts: 483)
Guns & Gun Control (posts: 65)
History (posts: 329)
Humor (posts: 88)
Israel/Middle East (posts: 44)
Medical News (posts: 54)
Military (posts: 273)
News (posts: 1571)
Paid Advertising (posts: 234)
Personal (posts: 110)
Politics (posts: 5273)
Race & Racism (posts: 283)
Religion (posts: 820)
Terrorism (posts: 885)
Texas GOP Platform Reform Project (posts: 4)
The Courts (posts: 310)
Watcher's Council (posts: 482)
World Affairs (posts: 345)

Archives

December 2017
August 2017
January 2017
December 2016
November 2016
February 2016
January 2016
December 2015
November 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
December 0000



MuNuviana



Licensing

Creative Commons License
This weblog is licensed under a Creative Commons License.

Powered By

Powered by
Movable Type 2.64
AnotherMunublogSmall.jpg

Administrative Stuff

Email Me
Syndicate this site (XML)

Advertising Disclosure

adpolicy.gif

About Me

NAME: Greg
AGE: 50-ish
SEX: Male
MARITAL STATUS: Married
OCCUPATION: Social Studies Teacher
LOCATION: Seabrook, TX
DISCLAIMER: All posts reflect my views alone, and not the view of my wife, my dogs, my employer, or anyone else. All comments reflect the view of the commenter, and permitting a comment to remain on this site in no way indicates my support for the ideas expressed in the comment.

Search This Site


Support This Site



Recent Entries

A Word Of Repentance
To Conservatives And Republicans Of Conscience
Reflecting On Charlottesville
On Fake News
Who Cares About The Emoluments Clause?
If It Doesn't Bother You, It Should
Bromance Turns America Into Russian Satellite State
Because Many Americans Would Findf The Biblical Plagues To Be Preferable
Because When A Minority Wins An Election, The Majority Must Shut Up
Hope For The Future

Blogroll


Watchers Council
  • Ask Marion
  • Bookworm Room
  • The Colossus of Rhodey
  • The Glittering Eye
  • GrEaT sAtAn"S gIrLfRiEnD
  • The Independent Sentinel
  • JoshuaPundit
  • Liberty's Spirit
  • New Zeal
  • Nice Deb
  • The Noisy Room
  • The Razor
  • Rhymes With Right
  • The Right Planet
  • Simply Jews
  • Virginia Right!
  • Watcher Of Weasels

  • Political & Religious Blogs