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Free Speech at Shopping Centers

I. Thesis Statement …………………………………………………………… 1
II. Shopping Centers & Organizations
Definitions …………………………………………………………. 1-2
Definitions ………………………………………………………… 2
Regional Shopping Centers ……………………………………….. 2-3
Pruneyard v. Robins ……………………………………………… 4-5
NJ Coalition Against War in the Middle East v. J.M.B. Realty …. 5-6
Industry Reaction ………………………………………………… 7-9
Litigation …………………………………………………………. 9
VIII. Conclusion ……………………………………………………………….. 9-10
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?
In order to understand how the courts' decisions affect the shopping center industry, we mustfirst 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. Realty Corp. et al. ("JMB"), a [regional] shopping center is defined as one that is between 300,000 square feet and 1,000,000 square feet in size and…

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