Tuesday, January 08, 2008

Pruneyard Revisited - Free Speech trumps common decency. - Law Students Shrug

The California Supremes said:

We granted the request of the United States Court of Appeals for the District of Columbia Circuit to decide whether, under California law, a shopping mall may enforce a rule prohibiting persons from urging customers to boycott a store in the mall. For the reasons that follow, we hold that the right to free speech granted by article I, section 2 of the California Constitution includes the right to urge customers in a shopping mall to boycott one of the stores in the mall.

FASHION VALLEY MALL, LLC, v. NATION LABOR RELATIONS BOARD
D.C. Cir.Ct.App. No. 04-1411

Now the blogs are a buzz that this was surprising. See for example: LAW BLOG WSJ

But if you read Pruneyard in property class, you know this isn't a shocking extension of California Free Speech Jurisprudence. - primer on Pruneyard

Of course it is shocking is that by choosing to locate in a mall, you can't exclude naysayers from the front door of your store. It is just not new or surprising.

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