• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Trespass

ConditionThree

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
imported post

cato wrote:
However CA has intruded on private property rights and declared many such places like parking lots and malls as "public places" in which 1st Amendment activity like sign waiving, petition signing, union/political activity as well as asking for donations can not be prohibited by the property owner (sorry no cite). So the r/p may be on to something.

Again wait until the 2nd A. is more firmly a right and this concept has been resolved through civil actions before attempting.
Click to expand...
[scratching head]Didn't someone say something like that already? [/scratching head]
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

ConditionThree wrote:
cato wrote:
However CA has intruded on private property rights and declared many such places like parking lots and malls as "public places" in which 1st Amendment activity like sign waiving, petition signing, union/political activity as well as asking for donations can not be prohibited by the property owner (sorry no cite).
Click to expand...
Click to expand...
not correct - not a first amendment case - it is a state constitutional issue case - Prunyard.
 
ConditionThree

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
imported post

Mike wrote:
ConditionThree wrote:
cato wrote:
However CA has intruded on private property rights and declared many such places like parking lots and malls as "public places" in which 1st Amendment activity like sign waiving, petition signing, union/political activity as well as asking for donations can not be prohibited by the property owner (sorry no cite).
Click to expand...
Click to expand...
not correct - not a first amendment case - it is a state constitutional issue case - Prunyard.
Click to expand...

I dont mean to heap on Cato-

but Mike is right,... in the California Constitution we have stronger speech protection than the 1st amendment.
ARTICLE 1 DECLARATION OF RIGHTS

SEC. 2. (a) Every person may freely speak, write and publish his or
her sentiments on all subjects, being responsible for the abuse of
this right. A law may not restrain or abridge liberty of speech or
press.
Click to expand...
 
You must log in or register to reply here.
Top