A right of access to shopping malls?


Case Type:

Hypothetical.

Exigence:

Pall Mall ("PM"), wholly owned by Pall Mall, Inc., is the fourteenth largest enclosed mall in America and the only large concentration of shops and eateries in the Springfield area. It is also "the" hangout for local youth. One Saturday afternoon, five Springfield High students, members of the Student Nutritional Advancement Club ("SNAC"), assemble at PM's food court and begin peaceably to pass out leaflets. The leaflet contains information about the dangers of junk food, especially to youth, and urges a boycott of the food court until PM opens a juice bar/pickleburger stand. Almost immediately PM security officers show up, escort the SNAC Five from the mall and threaten them with arrest should they return and leaflet again. SNAC files suit in federal district court, claiming that they have a right under the First Amendment to pass out leaflets at the Mall. The district court, and the circuit court upon appeal, refuses relief. The case is now pending before the U.S. Supreme Court.

Audience:

You, the United States Supreme Court.

Possible
Constraints:

More facts.

Marsh v. Alabama, S&C 415

Amalgamated Food Employees Union v. Logan Valley Plaza, S&C 417

Lloyd Corp. v. Tanner, S&C 419

Hudgens v. NLRB, S&C 421

How hypothetical is this case? Check out current free speech in malls cases by searching the Freedom Forum website, using a keyword like "mall."

Decision:

Up to you.

Related
issues:

Harm to individuals
Schools
Other special places
Money


Notes:

A possible paper topic in 1998.


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Copyright © 1997 Jean Goodwin. All rights reserved.
jeangoodwin@nwu.edu
Last updated 6 February 1999
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