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From: orb@whuxl.UUCP (SEVENER)
Newsgroups: net.politics
Subject: Re: Shopping Malls: re to Tom Hill
Message-ID: <1048@whuxl.UUCP>
Date: Mon, 17-Mar-86 10:31:17 EST
Article-I.D.: whuxl.1048
Posted: Mon Mar 17 10:31:17 1986
Date-Received: Wed, 19-Mar-86 01:25:14 EST
References: <499@ssc-bee.UUCP>
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Organization: AT&T Bell Laboratories, Whippany
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I don't think much has been gained in recent articles on rights
to distribute literature *unobtrusively* in cases in which shopping
malls have replaced downtown public squares or in which there
were no such public squares to begin with.
Bill Tanenbaum summarized the issues fairly well: either one
accepts that the right to public expression applies to malls
which have usurped public squares as community centers or one
does not.  I contend that the Consitution's guarantees of the
right to free speech requires that community and political and
religious groups be allowed to express their opinions in malls
which are community centers hosting community events.
It is unfortunate that local boards in their zeal to promote
shopping malls and their possibility of raising taxes did *not*
consider before hand the possible effects of  such privately owned
public places on people's civil liberties.  They should have allowed
zoning for such malls contingent on their guarantees of freedom
of speech with the proviso that the city would provide police
and other services provided in public parks.
 
Otherwise, Tom Hill's statement:
> Further it has been shown that there are may be
> 1 or 2 spots left in the United States that would be able to handle such
> a mall.  
 
is prima facie, absurd.  I know of at least one mall being built in
my own local area, I am sure that practically everyone on the net
can name another mall being built in their area.
For Tom's information I suggest that everyone on the net who knows
of a mall being built in their area send him mail so he will see
that such is indeed the case.
 
What most disappoints me personally is the many "libertarians"
on the net who seem totally unwilling to support civil liberties
when it comes down to the crunch.  That should be informative.
     tim sevener   whuxn!orb