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Business Associations Keyed to Diamond, 6th Ed.
New Jersey Coalition against War in the Middle East v. J.M.B. Realty Corp.
Citation:
138 N.J. 326, 650 A.2d 757 (1994)Facts
The New Jersey Coalition Against War in the Middle East, a coalition of political and religious groups, planned a leafletting campaign on November 10, 1990, to oppose U.S. military intervention in the Persian Gulf. They targeted ten large shopping centers in New Jersey. Four malls granted permission with various restrictions, one mall initially denied but later allowed leafletting, and five malls refused entirely. The malls were large commercial centers with numerous stores, restaurants, and common areas where various community events were regularly held. They employed security personnel, including off-duty police officers, and some housed police substations. The malls permitted a variety of non-shopping activities, including voter registration drives, community events, and charitable activities. The Coalition sought judicial relief to allow leafletting at all the malls, arguing that the New Jersey Constitution protected their right to free speech on the malls’ premises despite their private ownership.
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