Fashion Valley Mall v. National Labor Relations Board (2008)
The California Supreme Court ruled 4-3 in favor of the National Labor Relations Board.
Previously, in 1976, it was held that First Amendment free speech rights did not extend to private property. Since then there has been a general reversal of that decision. These decisions have allowed shopping centers to ban initiative petition carriers for issues they oppose and to encourage them when the issue coincided with their views.
In 1979 the Supreme Court found that the state constitution could allow for greater free speech than is held at a federal level so long as the speech doesn't cause disruption in normal commercial activity. Because of this ruling the courts have allowed greater freedoms for petitioners.
- Changes in 2008 to laws governing the initiative process
- Residency requirements for petition circulators
- Laws governing the initiative process in California