[net.politics] Shopping Malls: re to Tom Hill

orb@whuxl.UUCP (SEVENER) (03/17/86)

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

sykora@csd2.UUCP (Michael Sykora) (03/24/86)

>/* orb@whuxl.UUCP (SEVENER) / 10:31 am  Mar 17, 1986 */

>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.

Then the important question that you need to address are:
	a)  Precisely what is a "mall?"
	b)  Which malls are "community centers?"
	c)  Which events are "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.

How can the mere creation of such entities affect people's civil
liberties?  Are they not free to ignore any malls they choose to?

>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.

Can you say "scheister," Tim?

>     tim sevener   whuxn!orb

Mike Sykora

orb@whuts.UUCP (SEVENER) (03/26/86)

> >/* orb@whuxl.UUCP (SEVENER) / 10:31 am  Mar 17, 1986 */
> 
> >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.
> 
> Then the important question that you need to address are:
> 	a)  Precisely what is a "mall?"
> 	b)  Which malls are "community centers?"
> 	c)  Which events are "community events?"
> 
> Mike Sykora

I presume then that you haven't been following this debate, Mike.
Weeks ago I pointed out that the New Jersey Courts, in supporting
rights of free speech in malls, repeatedly made it a question of
*fact* as to whether a mall was indeed a community center which
had largely replaced the functions of the town square.
 
Neither the New Jersey Courts, California Courts, nor I, support
the notion that one has the right to go into *all* private property
carte blanche to distribute literature nor even to individual stores
*within* malls themselves.  In fact, I do not even insist in
the right to distribute literature *within* malls themselves -
I would be content to stand outside the outer doors and the parking
lot.  But campaign workers for a political candidate in New Jersey
were even arrested by Bergen Mall for placing literature on
car windshields in the parking lot.

To argue that respecting people's rights to freedom of speech and
expression in public places is the same as saying I have the
right to come and scream in anyone's bedroom is the same kind
of absurd argument as the arguments of opponents of the Equal Rights
Amendment claiming that it would require both sexes to use the same
bathroom.

Your position on free speech shows quite clearly how "libertarian"
propertarians like yourself really are, Mike.
               LIBERTY != PROPERTY
 
               tim sevener  whuxn!orb
"The price of lilberty is eternal vigilance!"