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From: tan@ihlpg.UUCP (Bill Tanenbaum)
Newsgroups: net.politics
Subject: Re: "Russia: Love It Or Leave It"
Message-ID: <1636@ihlpg.UUCP>
Date: Fri, 14-Feb-86 12:44:13 EST
Article-I.D.: ihlpg.1636
Posted: Fri Feb 14 12:44:13 1986
Date-Received: Sat, 15-Feb-86 08:54:33 EST
References: <1691@bbncca.ARPA> <536@whuts.UUCP>
Organization: AT&T Bell Laboratories
Lines: 45

> [Tim Sevener] 
> Finally, before we get holier-than-thou about Soviet peace activists
> being arrested for distributing literature we should remember that
> the New York Supreme Court just recently ruled that anti-nuclear
> activists distributing literature in malls in New York State could
> be arrested for trespassing.
> In New Jersey I have personally been threatened with arrest at several
> malls for distributing literature.  Only after threatening a
> suit by an ACLU lawyer have the malls backed down because New Jersey
> courts, unlike New York, have supported people's rights to political
> expression in malls. So that, yes, we *do* have the rule of law
> in this country and protected political rights.  But one must fight
> for them at every turn or powerful economic interests like Prudential
> who owned the mall in New York, will take those rights away in
> an instant.
> The ultimate irony for me, is hearing "libertarians" defend Prudential's
> "right" to arrest people for distributing political literature!
-------
There you go again, Tim.  There is absolutely no relation between the
situations in the U. S. and the Soviet Union.  Neither the U. S.
government, nor state or local governments, have attempted to curtail
your rights to distribute literature.  The only question is whether
the owner of private property should be able to outlaw the distribution of
literature (political or otherwise) on their property.  My opinion is that,
with only a few exceptions, they can.  Should you have the right to distribute
literature in a hardware store or barber shop if the owner objects.  No!
If it were my hardware store, and you were disturbing customers, I would
gladly call the cops.  This has nothing to do with the content of your
literature.  In contrast, on a public street, you are
perfectly free to distribute literature, provided you don't harass people
or block streets or building entrances.
	The only question, then, is whether a shopping mall is analagous
to a store, or to a public thoroughfare.  My personal opinion is that
it is more like a public thoroughfare and you should be able to distribute
literature.  However, this is a point upon which reasonable people can
disagree.  I understand the mall owner's point of view.  You make it
sound like "powerful economic interests" are trying to suppress dissent.
NO!!!  They are just trying to maximize the number of customers who shop
in their mall.  Must your rather peculiar political biases cloud
your judgment in everything?
	I'm not sure I would defend Prudential's right to arrest you
for distributing literature in a shopping mall, but I would strongly
support their right to do so in the Prudential Building.
-- 
Bill Tanenbaum - AT&T Bell Labs - Naperville IL  ihnp4!ihlpg!tan