Law Commons^™

California Expansion Of First Amendment Does Not Infringe On Federally Protected Rights, Mark Emanuel

Mercer Law Review

In Prune Yard Shopping Center v. Robins, the United States Supreme Court held that the California Constitution, which protects speech and petitioning in private shopping centers, does not violate the shopping center owner's rights under the federal constitution. The shopping center owner argued unsuccessfully that the state constitution violated federally protected property rights under the fifth and fourteenth amendments and free speech rights under the first and fourteenth amendments.