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First-Amendment Rights of Solicitors

By Stephanie J. Kim
September 02, 2015

A California Court of Appeal recently affirmed the right of a shopping center owner to limit the First Amendment rights of citizens from being exercised near store entrances.

Citizens seeking charitable donations entered an outdoor shopping center and solicited donations near store entrances. The plaintiff, who controls the outdoor shopping center, had a written policy prohibiting solicitation of donations on the shopping center property. He asked the solicitors to leave, but they refused. The plaintiff called the police to have the solicitors removed, but the police would not remove them without a court order.

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