Fashion Valley Mall v. National Labor Relations Board (2008)

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The Fashion Valley Mall v. National Labor Relations Board is a court case in California that began in 1998 when the Teamsters Union member in a labor dispute with the San Diego Union-Tribune newspaper handed out printed material protesting a store. The shopping center promptly expelled the leafleters, saying they were not allowed on private property.


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.[1]

See also

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