Snatchko

In this case we conclude the rules of a large regional shopping mall that prohibit peaceful, consensual, spontaneous conversations between strangers in common areas of the mall about topics that are not related to the activities of the mall, its tenants or the noncommercial sponsored activities of the mall or its tenants are content-based rules that do not withstand a strict scrutiny analysis. The rules are unconstitutional on their face under article I, section 2 of the California Constitution, the California constitutional provision which guarantees the right to free speech. (Fashion Valley Mall, LLC v. National Labor Relations Bd. (2007) 42 Cal.4th 850 [ 69 Cal.Rptr.3d 288 , 172 P.3d 742 ] (Fashion Valley); Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 [ 153 Cal.Rptr. 854 , 592 P.2d 341 ] (Pruneyard), affirmed sub nom. Pruneyard Shopping Center v. Robins (1980) 447 U.S. 74 [ 564 L.Ed.2d 741 , 100 S.Ct. 203 ].) As the trial court granted the motion for summary adjudication of defendants Westfield LLC, Westfield America, Inc., Urban Roseville LLC, and Roseville Shoppingtown, LLC (together Westfield), based on an erroneous finding that Westfield’s rules were…