[net.politics] Shopping Malls Again:

tan@ihlpg.UUCP (Bill Tanenbaum) (03/07/86)

> [Tim Sevener]
>   [Omitted - The usual stuff about how terrible the mall restrictions are]  

>   It still baffles me how supposed "Libertarians" "propertarians"
>   "Objectivists" or whatever can be so eager to deny basic
>   Constitutional rights!
-------
Tim - Your basic inability to comprehend the issues involved never ceases
to amaze me.
	1) A mall is private property.  Nowhere in the constitution is
(or should it be) it stated that you have the right to distribute literature
on someone elses property without their consent.  Your "free speech" does
not give you the right to distribute literature in my home or my place
of business.
	2) Some (including me) believe that the unusual "public thoroughfare"
character of shopping malls (they are like enclosed streets) makes it
desirable to allow literature distribution in malls (not in the individual
businesses) even though they are private property.  It is not at all
clear to me that this is a "Constitutional" right, however.  Were I on
the N. J. or N. Y. Supreme Court, I would have to think long and hard
about the matter (assuming the absence of state or local statute guaranteeing
such access to malls, or such provisions in the state constitution).  You imply:
	a) It should be obvious to anybody that the U. S. Constitution
guarantees your right to distribute literature in a mall.
	b) Anyone who doesn't agree with a) is a total idiot or an enemy
of freedom of speech.
	c) The U. S. government is oppressing you by not interfering with
the mall owner in his exercise of his perceived property rights.

	It seems obvious to me that a), b), and c) above are all ridiculous.
Do you seriously believe them?  If so, you need help.
-- 
Bill Tanenbaum - AT&T Bell Labs - Naperville IL  ihnp4!ihlpg!tan