Legal Opinion
SHAD Alliance v. Smith Haven Mall
New York Court of Appeals
Decided December 19, 1985PublishedCited by 96 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
All members of the court agree that the right to free expression is one of this Nation’s most cherished civil liberties. We differ solely on the question whether article I, § 8 of our State Constitution,1 considered in light of both history and modern conditions, precludes the owner of a private shopping mall from enforcing a blanket no-handbilling policy and compels the owner to permit use of the mall for the distribution of leaflets opposing nuclear energy. As the court concludes that article I, § 8 only limits State action, not present here, the order of the…
2Cases cited42 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
- PruneYard Shopping Center v. RobinsSupreme Court of the United States · 1980
- Marsh v. AlabamaSupreme Court of the United States · 1946
- Hudgens v. National Labor Relations BoardSupreme Court of the United States · 1976
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3Cited by96 opinions
- Brown v. State of New YorkNew York Court of Appeals · 1996
- Hernandez v. United StatesCourt of Appeals for the Second Circuit · 2019
- Republican Party of Texas v. DietzTexas Supreme Court · 1997
- Southcenter Joint Venture v. National Democratic Policy CommitteeWashington Supreme Court · 1989
- Empresas Puertorriqueñas de Desarrollo, Inc. v. Hermandad Independiente de Empleados TelefónicosSupreme Court of Puerto Rico · 2000
91 more not listed; retrieve them via the Exa API.