Is it true that at a shopping mall if its governmently funded (my tax's) you have all your rights but if its privatly funded you have no rights (freedom of speech) and they can discriminate and do what ever they want? How would i find out if its privatly or governmently funded?
2007-08-28 15:40:01 · 5 answers · asked by miked 1 in Politics & Government ➔ Law & Ethics
Not entirely true, but close.
Any govt-funded forum -- whether a mall, a park or a street corner -- means that any regulation of speech is being done by the govt -- and 1st Amendment protections limit how much the govt can regulate speech.
In a private forum -- including a private mall, a private home, or here on Yahoo -- the resources of the private owner are being used (not govt resources), and as such the private owner can determine what speech is allowed.
There are some limits as to what the private owner can do -- but far fewer limits (far more restrictions allowed) than if the govt was doing it. Because the constitutional protections do not apply to the private owner, only to the govt action.
2007-08-28 15:48:59 · answer #1 · answered by coragryph 7 · 0⤊ 1⤋
Freedom of speech applies only to government forums. In a privately-managed place, there is no constitutional freedom of speech, although there may be statutory freedom, which is not as strong (see, for example, Pruneyard Shopping Center in California).
Regarding discrimination, the law is much stronger for private places. The constitutional guarantees of equal protection do not apply, but the Civil Rights Act prohibits private businesses from discriminating on the basis of race, religion, etc.
2007-08-28 16:07:04 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Okay this is where things become kind of tricky. If the city manages the mall and its property then you do have a right to free speech. If the city leases that property to a private enterprise then you do not have the protection of the Constitution. I have never heard of a city that owns and manages the property as this would open the city to major liabilities. The best way to find out who operates the mall is to go to the mall's office and ask.
2007-08-28 15:56:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
feels like that group is attempting to guard tenant from nlandlord evicting guy or woman regulations state do not pay lease...out...they could get no the place if the tenant did not pay..considering the fact that they took on reason..could be yet one greater reason NO the LIBS do not prefer to eliminate inner maximum belongings rights What flocking nonsense feels like this group is utilising regulations to added their reason and all of us know that there is great imbalance interior the owner tenant gadget... could help if housing exchange into made attainable for working undesirable...
2016-11-13 19:24:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
no rights no true there are several rights you have on private land that is open for business. including access to minorties and cripples.
2007-08-28 15:57:10 · answer #5 · answered by blktan23 3 · 0⤊ 0⤋