Fashion Valley Mall, LLC v. National Labor Relations Board

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Fashion Valley owns a shopping mall in San Diego, California. It allows individuals and organizations to engage in expressive activities on its premises if they get a permit; in order to get a permit, an applicant must promise not to urge consumers to boycott any of the mall’s tenants. The NLRB concluded this policy violated the right to free speech guaranteed by the Constitution of California and therefore held it was an unfair labor practice; Fashion Valley petitioned this court for review. We agreed that “whether…