Private Property Archives
In Hudgens v. National Labor Relations Board, the Supreme Court ruled that
there was no right to exercise free speech in privately owned malls under
the First Amendment.
Lloyd Corporation, Ltd. v. Tanner (1972) said that a shopping mall is
private property and people do not have a First Amendment right to stage
protests there.
In Manhattan Community Access Corporation v. Halleck (2019), a sharply
divided U.S. Supreme Court ruled that a private corporation that oversees
public access channels in Manhattan is not a state, or governmental actor,
subject to First Amendment constraints. The Court determined that
“operation of public access channels on a cable system is not a traditional
exclusive public forum.”
The 11th Circuit Court of Appeals in 2022 upheld an injunction against a
Florida law, the “Stop Social Media Censorship Act,” saying it likely
violated the First Amendment rights of social media companies.
The 5th U.S. Circuit Court of Appeals in NetChoice v. Paxton upheld a Texas
law barring social media companies from censoring users based on their
viewpoints.
PruneYard Shopping Center v. Robins (1980) reaffirmed that states could
grant greater free expression rights to their citizens than granted by the
First Amendment.