Supreme Court Case rulings for distributing materials in a Mall.

November 5, 2009

This Supreme Court ruling was given to me by former law enforcement  officer turned street preacher, Tony Miano.  His website is:


Tony said this to me:

“The case you may be referring to is Pruneyard v. Robbins. The U.S. Supreme Court ruled that a private business open to the public must have a written policy specifying time, place, and manner for the expression of free speech in order to lawfully regulate that free speech. Because of this ruling, almost every mall in California now has written free speech policies.

According to the US Supreme Court, unless they have a specific and consistent policy they cannot regulate free speech. Of course, in most parts of the country the case law has yet to be tested. In your area, it may require that you push the envelope a bit.

If you are told that you cannot conduct the activity on their property, ask if they have a written policy specifying the time, place, and manner for free speech exercise. If they say yes, request to see it. If they say no, then explain to them that you have the right to free speech. Now, if they insist that you leave, and you refuse, then it may be a technical violation of your local trespassing laws.

However, private security cannot detain you for a violation of policy–only for a violation of law. Ask them what laws you are breaking by handing out tracts. They won’t have an answer for that. Request that they call the police. When the police arrive, submit to their authority if they ask you to leave; and then contact an organization like Alliance Defense Fund to see if you have any recourse.”


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