This Comment examines the intersection of property rights and free speech rights by tracing how the Supreme Court has dealt with this intersection in a shopping center context and in other contexts. The Comment proceeds to examine how state supreme courts have traversed the intersection in favor of property rights over free speech rights, and also how states that have not decided this issue will likely resolve it. Upon formulating an analysis practitioners can use in the future when arguing this issue in the undecided states, the Comment concludes that the best argument is based on how close a shopping center is to a downtown business district.
College of Law
Northern Illinois University Law Review
McPheron, Ian J.
"From the Ground to the Sky: The Continuing Conflict Between Private Property Rights and Free Speech Rights on the Shopping Center Front Seventeen Years After Pruneyard,"
Northern Illinois University Law Review: Vol. 16:
3, Article 2.
Ian J. McPheron, Comment, From the Ground to the Sky: The Continuing Conflict Between Private Property Rights and Free Speech Rights on the Shopping Center Front Seventeen Years After Pruneyard, 16 N. Ill. U. L. Rev. 717 (1996).