Parties: Pruneyard Shopping Ctr. v. Robins
Date: 1980-06-09
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Paragraph: 52 - The same would be true if the public were allowed to solicit or distribute pamphlets in the entrance area of a store or in the lobby of a private building. The property owner or proprietor would be faced with a choice: he either could permit his customers to receive a mistaken impression or he could disavow the messages. Should he take the first course, he effectively has been compelled to affirm someone else's belief. Should he choose the second, he had been forced to speak when he would prefer to remain silent. In short, he has lost control over his freedom to speak or not to speak on certain issues. N14* The mere fact that he is free to dissociate himself from the views expressed on his property, see ante, at 87, cannot restore his "right to refrain from speaking at all."
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Paragraph: 54 - To require the owner to specify the particular ideas he finds objectionable enough to compel a response would force him to relinquish his freedom to maintain his own beliefs without public disclosure." Ibid. Thus, the right to control one's own speech may be burdened impermissibly even when listeners will not assume that the messages expressed on private property are those of the owner.
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Paragraph: 51 - In many situations, a right of access is no less intrusive than speech compelled by the State itself. For example, a law requiring that a newspaper permit others to use its columns imposes an unacceptable burden upon the newspaper's First Amendment right to select material for publication. Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241, 94 S.Ct. 2831, 41 L.Ed.2d 730 (1974). See also Columbia Broadcasting System, Inc. v. Democratic National committee, 412 U.S. 94, 117, 93 S.Ct. 2080, 2093, 36 L.Ed.2d 772 (1973) (plurality opinion). Such a right of access burdens the newspaper's N158* "fundamental right to decide what to print or omit."
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Paragraph: 54 - But an owner who strongly objects to some of the causes to which the state-imposed right of access would extend may oppose ideological activities N159* "of any sort" that are not related to the purposes for which he has invited the public onto his property. See Abood v. Detroit Board of Education, 431 U.S. 209, 213, 241, 97 S.Ct. 1782, 1802, 52 L.Ed.2d 261 (1977). To require the owner to specify the particular ideas he finds objectionable enough to compel a response would force him to relinquish his N160* "freedom to maintain his own beliefs without public disclosure." Ibid. Thus, the right to control one's own speech may be burdened impermissibly even when listeners will not assume that the messages expressed on private property are those of the owner.
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Paragraph: 54 - To require the owner to specify the particular ideas he finds objectionable enough to compel a response would force him to relinquish his "freedom to maintain his own beliefs without public disclosure." Ibid. Thus, the right to control one's own speech may be burdened impermissibly even when listeners will not assume that the messages expressed on private property are those of the owner.
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Paragraph: 50 - N318* In that case, we said that N319* a system which secures the right to proselytize religious, political, and ideological causes must also guarantee the concomitant right to decline to foster such concepts." 430 U.S., at 714, 97 S.Ct., at 1435. This principle on its face protects a person who refuses to allow use of his property as a marketplace for the ideas of others.
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Paragraph: 49 - Restrictions on property use, like other state laws, are invalid if they infringe the freedom of expression and belief protected by the First and Fourteenth Amendments. In Part V of today's opinion, the Court rejects appellants' contention that "a private property owner has a First Amendment right not to be forced by the State to use his property as a forum for the speech of others." Ante, at 85. I agree that the owner of this shopping center has failed to establish a cognizable First Amendment claim in this case.
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Paragraph: 14 - Here the requirement that appellants permit appellees to exercise state-protected rights of free expression and petition on shopping center property clearly does not amount to an unconstitutional infringement of appellants' property rights under the Taking Clause. There is nothing to suggest that preventing appellants from prohibiting this sort of activity will unreasonably impair the value or use of their property as a shopping center.
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Paragraph: 49 - Restrictions on property use, like other state laws, are invalid if they infringe the freedom of expression and belief protected by the First and Fourteenth Amendments. In Part V of today's opinion, the Court rejects appellants' contention that "a private property owner has a First Amendment right not to be forced by the State to use his property as a forum for the speech of others." Ante, at 85. I agree that the owner of this shopping center has failed to establish a cognizable First Amendment claim in this case. But some of the language in the Court's opinion is unnecessarily and perhaps confusingly broad. In my view, state action that transforms privately owned property into a forum for the expression of the public's views could raise serious First Amendment questions.
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