includes at least one large, over 100,000 square feet department store. During the 1990's, regional shopping centers have given way to super regional shopping centers. Super regional shopping centers are over 1,000,000 square feet in size and usually have four or more large department stores. For comparison in Arlington, Texas, The Parks at Arlington Mall and Six Flags Mall would be considered super regional malls while Festival Marketplace Mall would be considered a regional mall. The organizations that were involved in Pruneyard and JMB consisted of peaceful political activists who were protesting Zionism and the Gulf War, respectively. As far as a shopping center is concerned, anyone not associated with operating the center i.e., employees, contractors, etc., or retailers/merchants would be considered a potential customer or part of an organization, depending on if their reason for coming to the mall was to shop. The shopping center, of course, wants everyone to be a customer since their primary business is commercial in nature.
The First Amendment to the U.S. Constitution reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of people peaceably to assemble, and to petition the government for a redress of grievances." (Amendment I, 1) While this powerful amendment has very broad implications, it also has limitations. The U.S. Supreme Court has held that the Federal Constitution and its accompanying amendments give no general right to free speech in shopping centers since the centers' course of business is not "state action". State actions are those actions taken by local government entities or public schools. This limitation is what forces the U.S. Supreme Court to leave the decision of free speech in shopping centers up to the individual states, their state constit...