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Unformatted text preview: All property is held subject to the power of the government to regulate its use for the public welfare. Courts have long protected the right to petition as an essential attribute of governing. Cause of Action The shopping center owners ordered the demonstrator off the premise which enabled them to express their free speech rights. Issues Whether the rights of Free Speech, First Amendment, prevailed over rights of Private Property, Fifth Amendment. Holdings Upper Court: No Lower Court: Yes Rationale We conclude that the California Constitution protects speech and petitioning, reasonably exercised, in shopping centers even when the centers are privately owned. By no means do we imply that those who wish to disseminate ideas have free rein....
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- Spring '08
- Business Law