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Contents I Thesis Statement 1 II Shopping Centers Organizations Definitions 1-2 III First Amendment Definitions 2 IV Evolution of Shopping Centers Regional Shopping Centers 2-3 V Case Studies Pruneyard v Robins 4-5 NJ Coalition Against War in the Middle East v JMB Realty 5-6 VI Impact Industry Reaction 7-9 VII Future Litigation 9 VIII Conclusion 9-10 Thesis Statement Is an individuals right to freedom of speech as granted by the First Amendment to the US Constitution valid on private property which is owned by someone else Specifically can an organization not associated with a shopping center use the shopping centers property to promote their cause The US Supreme Court has left the answer to this question up to the individual states The majority of states to date have answered no however several states most notably California and New Jersey have answered yes What is the basis for each States decision and how do these decisions affect the shopping center industry Shopping Centers Organizations In order to understand how the courts decisions affect the shopping center industry we must first understand what a shopping center is and who the organizations are As referred to in the two most notable court cases Pruneyard v Robins Pruneyard and NJ Coalition Against War in the Middle East et al v JMB Realty Corp et al JMB a regional shopping center is defined as one that is between 300000 square feet and 1000000 square feet in size and includes at least one large over 100000 square feet department store During the 1990s regional shopping centers have given way to super regional shopping centers Super regional shopping centers are over 1000000 square feet in size and usually have four or more large department stores For comparison in Arlington Texas The Parks at Arlington Mall and Six Flags Mall would be considered super regional malls while Festival Marketplace Mall would be considered a regional
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