The issue on the Mall

Unless the said mall is a sovereign entity, it still lies within the USA. As such, it is brought under the first amendment. The mall can deny anyone the ability to post up material, but it cannot legally stop free speech (religious or otherwise).

Sounds like a rgeat case for the Christian Law Association.

 

I voted that I am conservative and "no".

Surprised?

What caused me to vote "no" was your use of the word "only".

But of course that is not the issue with the story that prompted you to set up this poll.

The mall owner in question banned more than "only" religious and political speech.

 

I voted that they have the right to restrict this speech, but the word "restrict" is very broad. So I think it may come down to how that is interpreted.

I think if I were just talking to someone by chance and the issue came up but I didn't plan it, and I didn't purposely go up to the person to bring it up - it should be okay to talk about my church or beliefs or their beliefs or whatever. But it would be the result of a chance communication, not a planned one. This has happened to me before - but it was clearly unplanned and it seemed to be an opportunity from the Lord: on the Metro once, the woman next to me asked for part of my paper with the horoscope section so she could read it. This gave me the chance to tell her that I would lend it to her, but as a former astrologer, I would advise her not to read it. This piqued her interest and we ended up in a 45 min. discussion that included my testimony and the gospel. This could have happened in the Food Court of the Mall, but it would have been unplanned - not me trying to start something or initiate it in any way, or even thinking of it.

This is different from setting out to talk to people who are shopping or walking in the Mall. In the example you gave in the other thread, the youth pastor purposely went to the Mall and "struck up" conversations with shoppers there. I understand his intent and don't blame him for it, but I also see the pov of the propert owner(s).

 

Legal or moral right?

Property owners have a moral right to restrict the use of their property. Legal right depends upon the legal code in one's jurisdiction.

For example, "ways open to the public." In Washington State some sections of the traffic code are applicable to "ways open to the public" that could not be enforced in your private back yard.

(as far as I know) In the same way, Rockefeller Center is closed every New Years Day to maintain the private status of the area. (generally) If the public uses private property continuously for a specific time then the public obtains a "use easement."

In Washington State it is 10 years. For example, if the neighbors were to build a shelter for kids waiting for the school bus on the corner of my property and I let it stand for 10 years, the public would obtain a use easement with respect to the shelter.

 

what does that mean about it now being a public place as compared to a private property?

 

The mall owners can set what rules they want followed. Even though they allow the public to come in and use their building for the purpose of shopping in a central location, it is still private property. When you come into my house, I expect you to follow my rules. If I go to your house, I expect to follow your rules. Why in the world would someone go onto someone else's private property and not follow their rules?

 

a store is not a home. big difference.

 

They can set rules as long as the rules would not violate anti-discrimination laws on the books, which cover many things you bring up here.

I'm sure most malls have security cameras all over the place.

 

Sorry, but a store or a mall is owned by a private person or group of people and not the Government. Therefore, it is still private property - just like a house is. The owners can set reasonable rules of conduct for people entering their establishment. I am willing to bet that if you owned a store you would set rules of conduct instead of letting people say or do anything they wanted no matter what on your property.

 

Since for some reason we now have a second thread on this topic, I am adding my previous comments from the other thread here.

 

So, am I to believe that if you owned a store that you would let someone walk up to customers in the checkout line and say "Repent, you lousy sinners, if you don't you will go to hell," or bring in a Coke and a cheeseburger and throw pop all over and use the shirt rack to wipe ketchup off their hands? Would you set any rules of conduct?

 

Since this isn't what was happening in the mall it means nothing to this topic.