Legal Opinion · Dissent
New Jersey Coalition Against War in the Middle East v. J.M.B. Realty Corp.
Supreme Court of New Jersey
Decided December 20, 1994Published
1DissentGaribaldi, J.
Today the Court holds that the New Jersey Constitution requires that owners of privately-owned-and-operated shopping malls who invite the public onto their property for commercial purposes must allow the public free access to that property to engage in unrestricted expressional activities, including, through the distribution of leaflets and petitions to shoppers, the promotion of various political or social views. To reach that conclusion, the majority distorts the test announced in State v. Schmid, 84 N.J. 535, 563, 423 A.2d 615 (1980); dismisses completely the rights of private-property…
2Cases cited21 opinions
- 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
- Lloyd Corp. v. TannerSupreme Court of the United States · 1972
- Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc.Supreme Court of the United States · 1968
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