The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, March 18, 1980
Decision: Monday, June 9, 1980
Issues: Due Process, Takings Clause
Categories: fifth amendment, first amendment, freedom of speech, jurisdiction, property

Advocates

Max L. Gillam (Argued the cause for the appellants)
Philip L. Hammer (Argued the cause for the appellee)
Elinor Hadley Stillman (Argued the cause for the United States as amicus curiae urging affirmance)

Facts of the Case

High school students seeking support for their opposition to a United Nations resolution against Zionism set up a table in PruneYard to distribute literature and solicit signatures for a petition. A security guard told them to leave since their actions violated the shopping center's regulations against "publicly expressive" activities.

Question

Did PruneYard's regulations violate the students' free speech rights?

Conclusion

Yes. Since the California Constitution protected "speech and petitioning, reasonably exercised, in shopping centers even when the shopping centers are privately owned," PruneYard could not prevent the students from soliciting on its property. The Court argued that it was within California's power to guarantee this expansive free speech right since it did not unreasonably intrude on the rights of private property owners.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Robins, 0 vote(s) against
Legal Provision: Takings Clause
Voted with the majority
Burger
Voted with the majority
Brennan
Voted with the majority
Stewart
Wrote a special concurrence, joined Powell's concurrence
White
Wrote a regular concurrence
Marshall
Wrote a regular concurrence
Blackmun
Wrote a special concurrence
Powell
Wrote the majority opinion
Rehnquist
Voted with the majority
Stevens
Full Opinion by Justice William H. Rehnquist

Cite this page

The Oyez Project, PruneYard Shopping Center v. Robins, 447 U.S. 74 (1980),
available at: <http://www.oyez.org/cases/1970-1979/1979/1979_79_289/>
(last visited ).