Union of Needletrades, Industrial & Textile Employees v. Superior Court
Opinion
Opinion
Vogel, J.
Introduction
In Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 [ 153 Cal.Rptr. 854 , 592 P.2d 341 ] (Pruneyard), the California Supreme Court held that state constitutional provisions protect the right to engage in “speech and petitioning, reasonably exercised, in shopping centers even when the centers are privately owned.” ( 23 Cal.3d at p. 910 , italics added.) The court based its conclusion on the growing role of shopping centers as centers of commerce in our society. However, as the italicized phrase indicates, the right to conduct expressive activities in a shopping center is not absolute. The Supreme Court expressly stated: “By no means do we imply that those who wish to disseminate ideas have free rein.” (Ibid.) The center can impose time, place, and manner rules (ibid.) and can adopt reasonable regulations “ ‘to assure that [the expressive activities] do not interfere with normal business operations.’ ” (Id. at p. 911.) In a nutshell, the issue raised by this writ proceeding is whether the challenged rules adopted by six malls pass constitutional muster. We find no constitutional deficiencies.