8/18/2010

A preacher who had been removed from a Westfield retail center in Roseville, Calif., for discussing his faith with shoppers has won a bid to have a ban on noncommercial conversation in the center struck down. After the center removed the preacher, it passed a ban on conversations between strangers on subjects that didn't entail the retail center or its tenants. A trial court upheld the landlord, noting that shopping centers have traditionally not been recognized as public spaces and thus are not subject to the First Amendment. However, the 3rd District Court of Appeal reversed the trial court's ruling on the grounds that the ban was content-based.

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