The right to free speech should not be relegated to a designated area. I am all for property rights, and the rights of business owners to cater to consumers, but this does not mean that they (or the city... or whatever government entity you choose) can limit the rights of others. No, there should be no soliciting or protesting or pandering for signitures inside any privately own (or rented, or leased, establishments, as property rights extend to those as well) and there can certainly be restrictions on blocking sidewalks, doorways, etc. but these caviats and addendums should be kept to a list of places where someone's right to free speech might impede on the rights of others (consumers, shop owners, etc)
Rather than an individual's right to free speech be regulated to a 10" x 4" designated area, I think that it should simply be understood that there are places where someone's right to do business takes precident. If necesary, post signs defining THESE areas, not limiting something protected in our bill of rights.
Apparently these are popular on some college campuses as well. I find the thought of a narrowly defined, discrete area where free speech is *allowed* as *guaranteed* in the 1st amendment to be in the highest order of irony in an alleged institution of higher learning.
ReplyDeleteBack to the location you describe, I still believe that the 1st amendment takes precedence except where safety is concerned (yelling fire in a crowded theater). The key is to enforce trespassing or loitering ordinances when the free speech runs counter to the owner's business intent at the location. Just like I'd expect a PETA protest to be ejected from a McDonalds' dining room, the same should hold true inside the mall.
Thanks Brian, that is my point exactly. Saftey is of course priority, and like you said, provided the individuals in question are not violating trespassing loitering, or harassment laws (which can end up being very vauge) then their constitutional rights are not relegated to a particular roped off area.
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