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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33084
Experience:  16 yrs. of trial experience
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Is free speech ,i.e., pamphleteering protected under

Customer Question

is free speech ,i.e., pamphleteering protected under Maryland&
Submitted: 9 months ago.
Category: Legal
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...I do not understand the question. But it may have been cut off...all I can see is

is free speech ,i.e., pamphleteering protected under Maryland&

Customer: replied 9 months ago.
I was barred from passing out pamphlets at a shopping canter in Maryland. I don't know the state allows this under free speech law. I am aware that Persian Gulf War protesters in New Jersey were barred in 1994. The U. S. Supreme Court the 1970's had ruled that the U.S. Constitution did not guarantee the protesters that right at private malls. But the New Jersey State Court ruled in favor of the protesters. I don't know how it stands in Maryland.
Expert:  P. Simmons replied 9 months ago.

Thanks
The case you are referring to (from the Supreme Court) is Marsh v. Alabama. You can see that case here

https://www.law.cornell.edu/supremecourt/text/326/501

That is the law in EVERY state EXCEPT NJ and CA.

So it is the law in MD.

If the mall is privately owned?

They can regulate this (bar you from handing out the pamphlets)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 9 months ago.
in your response to my inquiry you referred to a case in Alabama, where a person was passing out leaflets at a shopping center in a "company owned" town. I don't know if the law would be interpreted the same in the case of a shopping mall that is situated on a privately owned parcel, located in the midst of the public domain.
Customer: replied 9 months ago.
I do want to thank you for your response.
Expert:  P. Simmons replied 9 months ago.

A few mins please...I have some thoughts

Expert:  P. Simmons replied 9 months ago.

Sorry...there are several Supreme Court "mall free speech" cases.

The Alabama case actually helps your cause. I had intended to send that one to show you. But that is not the most important one.

The most important one, in my opinion, is the Tanner case, from Oregon.

YOu can see it here

https://supreme.justia.com/cases/federal/us/407/551/case.html

This one, in essence, overruled Marsh (the Alabama case)

Again, sorry for the confusion

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.