SHAD Alliance v. Smith Haven Mall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*190OPINION OF THE COURT
Brown, J.
The issue to be decided on this appeal is whether the rights of free speech and petition under our State Constitution (NY Const, art I, §§ 8, 9) protect those who wish to distribute leaflets dealing with matters of public interest and concern at a large, privately owned suburban shopping mall. We conclude that the shopping mall in question — the Smith Haven Mall in Suffolk County — by virtue of its size, location and mode of operation, has undertaken the character and attributes of a downtown business district or town center such that the rights of free expression…
2Cases cited33 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Patterson v. New YorkSupreme Court of the United States · 1977
- Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
- Nebbia v. New YorkSupreme Court of the United States · 1934
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3Cited by8 opinions
- SHAD Alliance v. Smith Haven MallNew York Court of Appeals · 1985
- Right to Life Advocates, Inc. v. Aaron Women's ClinicCourt of Appeals of Texas · 1987
- Sciarrotta v. ValenzuelaAppellate Division of the Supreme Court of the State of New York · 1992
- Rogers v. New York City Transit AuthorityNew York Court of Appeals · 1997
- Delano Village Companies v. OrridgeNew York Supreme Court · 1990
3 more not listed; retrieve them via the Exa API.