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