Role As Public Square
With the shift in shopping from publicly owned Main Streets to privately held shopping malls, the question of access to malls, and their shoppers, as a public forum has been an issue raised nationwide. This issue has become particularly relevant in New Jersey, where malls in both suburban and exurban areas have largely supplanted local downtown districts as shopping destinations, depriving individuals and organizations of a public location to reach out to neighbors for distribution of fliers and other forms of expression. While different conclusions have been reached elsewhere, New Jersey's approach has been one of the most expansive in providing groups with access to malls as a public forum, despite their private ownership.
The Bergen Mall was the target of a lawsuit by nuclear-freeze advocates who challenged the malls restrictions on distribution of literature to shoppers. On October 12, 1984, Bergen County Superior Court judge Paul R. Huot ruled that the organization should be allowed to distribute literature anywhere and anytime in a shopping mall, noting that "The Bergen Mall has assumed the features and characteristics of the traditional town center for the citizens who reside in Paramus and surrounding Bergen County towns."
The New Jersey Supreme Court has been at the forefront in providing access to malls as a public forum under the New Jersey State Constitution's free-speech protections, requiring private owners of shopping malls to allow use as a forum by individuals and groups. In New Jersey Coalition Against War in the Middle East v. JMB Realty Corp. (1994), the Court ruled that because the mall owners "have intentionally transformed their property into a public square or market, a public gathering place, a downtown business district, a community," they cannot later deny their own implied invitation to use the space as it was clearly intended. Despite the broad powers granted to those seeking to use these facilities as public forums, mall owners retain the right to establish regulations regulating the time, place and manner of exercising of freedom of speech rights on their properties.
Read more about this topic: Shopping Malls In New Jersey
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