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. Realt...