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Property Law Keyed to Singer
PruneYard Shopping Center v. Robins
Facts
PruneYard (Appellant) is a shopping center open to the public. It has a policy not to permit any visitor or tenant to engage in any publicly expressive activity, including the circulation of petitions, which is not directly related to its commercial purposes. High school students (Appellees) set up a table in a corner of Appellant’s courtyard and distributed pamphlets in support for their opposition to a United Nations resolution against Zionism. A security guard told them to leave. Appellees seek to enjoin Appellants from denying them access to the property to circulate their petitions. Appellants content that their constitutionally established rights under the Fourteenth Amendment to exclude Appellees from adverse use of their private property cannot be denied by invocation of a state constitutional provision or by judicial reconstruction of a state’s laws.
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