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Freedom Of Speech And Private Property Essay (стр. 2 из 2)

speech versus property owners? rights is raised. It also waits to be seen how

the various courts will rule on the ?reasonable regulations? malls can

impose on demonstrators. It seems foolhardy for a court to set down a judgment

about these regulations that could affect all malls in one state when each mall

is different. The same guidelines usually don?t work for each location.

Conclusion The shopping center industry is left waiting for the next lawsuit to

be filed regarding freedom of speech. The outcome of the suit will depend on the

state?s constitution where the suit is filed. If the shopping center loses and

every mall in that state is forced to allow demonstrations, I would guarantee an

appeal to the U.S. Supreme Court. Will the Supreme Court hear the case? It?s

doubtful, based on previous court decisions. Potential new litigation to come

from California, New Jersey, Washington, Oregon, Colorado and Massachusetts

might raise the question of whether a shopping center needs to subsidize

demonstrations on mall property. Since the insurance policy the mall requires

primarily benefits the mall, shouldn?t the mall pay for it and not the

demonstrators? Might the mall be required to pay for other items that the

demonstrators can?t afford, like signs? As a certified shopping center manager

with over ten years of experience and a member of the International Council of

Shopping Centers, I am troubled by the rising legal costs of doing business. (Cesare

1) The general public is invited into shopping centers to spend their money on

food, apparel and/or entertainment. Newspapers are not forced to print

editorials, shopping centers should not be forced to allow someone access to its

valuable commodity, customers, without some type of reimbursement

National Research Bureau, Shopping Center Directory 1994, Eastern Volume

(1993) Rehnquist, J. ?Pruneyard Shopping Center V. Robins, 447 U.S. 74

(1980)? United States Supreme Court 09 June 1980. 05 April 2000

Wilentz, C.J. ?New Jersey Coalition Against War in the Middle East, et al. V.

J.M.B. Realty Corporation, Etc. et al. (A-124/125-93)? New Jersey Supreme

Court 20 December 1994. 05 April 2000

?Amendment I.? First Amendment Cyber-Tribune 03 January 1997. 07 April 2000

?Judge rejects motion to dismiss trespassing charges in NH access case.?

Shopping Centers Today 23 December 1998. 07 April 2000

?Mall of America wins key access ruling.? Shopping Centers Today 12 March

1999. 05 April 2000