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From: sykora@csd2.UUCP (Michael Sykora)
Newsgroups: net.politics
Subject: Re: Types of Property
Message-ID: <3630061@csd2.UUCP>
Date: Fri, 14-Mar-86 13:16:00 EST
Article-I.D.: csd2.3630061
Posted: Fri Mar 14 13:16:00 1986
Date-Received: Mon, 17-Mar-86 22:24:56 EST
References: <6495@cca.UUCP>
Organization: New York University
Lines: 28

>/* franka@mmintl.UUCP (Frank Adams) / 12:25 am  Mar  8, 1986 */

>The critical factor
>which makes a mall a public place is that anybody is let in, and allowed to
>remain, whether they have any business there or not.

Clearly, this is not true of the mall Sevener talked about, as he was not
allowed to remain.

>This is quite different from a
>home, where the public may not enter, or a church, which is likely to let
>anyone enter, but is likely to require that they participate in the service.

More likely, a church would allow someone to stay if either they participated
or they merely observed, i.e., they didn't disturb the service in any way.
Similarly, mall owners may allow people into the mall on the condition that
they don't disturb any of the (other) shoppers there.

>The right to free speech in a public place, so long as it doesn't interfere
>with the owner's intended uses, is quite properly guaranteed by the courts
>on the basis of the first amendment.

If customers claim to be disturbed by disseminaters of literature, does
that not constitute interference with the owner's intended uses.

>Frank Adams                           ihnp4!philabs!pwa-b!mmintl!franka

Mike Sykora