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Flyering at malls, campuses,

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ATENANT89

Member
What is the name of your state (only U.S. law)? CA

Is it legal to flyer for a product (selling a new kind of razor) inside of malls, college campuses, and other areas? How about putting flyers underneath cars? Any other stuff I should know about?
 


Hot Topic

Senior Member
If you want to put up flyers at a mall, check with mall management beforehand.

When in doubt, ask. Flyers sometimes break loose and create litter that taxpayers pay to have cleaned up.

Your desire to push the flyers doesn't supercede the rights of the public to avoid eye clutter and paper blowing around the streets.
 

justalayman

Senior Member
Is it legal to flyer for a product (selling a new kind of razor) inside of malls,
inside a mall? Only with permission from the owner/management


college campuses,
only with permission of the folks in charge of the campus

and other areas?
unless you are on public property, the owner of the property has a right to prevent you from doing just about anything they don't want you to do.

How about putting flyers underneath cars?
Like in littering? illegal

Any other stuff I should know about?
yes, if you do something on private property and the owners don't want you to do that, you will probably get one chance to stop before they call the police and have you arrested for trespassing.
 

ATENANT89

Member
A university is a public area (public university) and I see people flyering there all the time.
I hear malls are the same deal (public area) that allows that.
In fact I see people handing out stuff all the time in different areas, even on sidewalks of streets.
 

cyjeff

Senior Member
A university is a public area (public university) and I see people flyering there all the time.
I hear malls are the same deal (public area) that allows that.
In fact I see people handing out stuff all the time in different areas, even on sidewalks of streets.
A mall is a private area owned and/or leased by the owners/lessees.

They can restrict your access thereto and you can be banned from a mall without a court order.

You heard wrong.
 

ATENANT89

Member
A mall is a private area owned and/or leased by the owners/lessees.

They can restrict your access thereto and you can be banned from a mall without a court order.

You heard wrong.
Your Rights to Flyer in Malls


You sir , are wrong.

THE CALIFORNIA SUPREME COURT [HELD] THAT THE CALIFORNIA CONSTITUTION PROTECTS "SPEECH AND PETITIONING, REASONABLY EXERCISED, IN SHOPPING CENTERS EVEN WHEN THE CENTERS ARE PRIVATELY OWNED." 23 Cal. 3d 899,910,592 P. 2d 341,347 (1979). IT CONCLUDED THAT APPELLEES WERE ENTITLED TO CONDUCT THEIR ACTIVITY ON PRUNEYARD PROPERTY.
 

justalayman

Senior Member
=ATENANT89;2554336]A university is a public area (public university)
No, it's not



I hear malls are the same deal (public area) that allows that.
You heard wrong


In fact I see people handing out stuff all the time in different areas, even on sidewalks of streets.
did I say anything about sidewalks that are generally public property. Now, of course, there may be laws you need to check out first but so far, that is your only legal venue, without permission needed, you have mentioned.
 

ATENANT89

Member
Do you have anything to back up your claims? I at least have a precedent case.

I am talking to a college administrator right now who is saying "It's a public university and everyone is allowed to flyer. We have people coming here to promote movies, products, etc. all the time. As long as the content isn't disruptive or offensive."
 

cyjeff

Senior Member
You should move quickly... the Pruneyard decision is currently under attack.

Further, it does not give you the right to litter and/or interfere with shoppers.

What is the purpose of your flyers? What is your petition about?

You are asking to solicit business. There is a far difference between selling something without leasing space from the mall's owners and making a political statement.
 
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ATENANT89

Member
It's not a petition, it's a flyer with a coupon for a new brand of shaving razors. We'd just be giving the flyer out to males. It's called marketing.
 

justalayman

Senior Member
=ATENANT89;2554357]Do you have anything to back up your claims? I at least have a precedent case.
No, you don't have anything to back up your claim. You have something to back up a right to those kids having a right to freedom of speech concerning political speech.

I am talking to a college administrator right now who is saying "It's a public university and everyone is allowed to flyer. We have people coming here to promote movies, products, etc. all the time. As long as the content isn't disruptive or offensive."
Notice the inclusion in your post of ALLOWED. When you get him to say people, especially people not involved with the school have a RIGHT to toss flyers, come on back and we'll talk.

and did you notice he included:

As long as the content isn't disruptive or offensive
so, that would imply he is making the statement the school does have a right to prevent a person from handing out flyers.
 

TheGeekess

Keeper of the Kraken
It's not a petition, it's a flyer with a coupon for a new brand of shaving razors. We'd just be giving the flyer out to males. It's called marketing.
No, it's called SPAMMING. :mad:

I refuse to support any business/product/venue that spams me or my car.
 

cyjeff

Senior Member
It's not a petition, it's a flyer with a coupon for a new brand of shaving razors. We'd just be giving the flyer out to males. It's called marketing.
No, it's called solicitation.

The appellate court has limited Pruneyard to the specifics of the original case.. in fact, I refer you to the Costco decision in 1998.

Here, the California Courts upheld the non solicitation order posted by Costco. the Pruneyard decision was further restricted in the 2001 Golden Gateway decision, the courts have limited the parameters of the case more and more...

So, if you were petitioning for a cause or making a political statement, you might have a chance. Soliciting is not a political statement.
 

BOR

Senior Member
Do you have anything to back up your claims? I at least have a precedent case.

I am talking to a college administrator right now who is saying "It's a public university and everyone is allowed to flyer. We have people coming here to promote movies, products, etc. all the time. As long as the content isn't disruptive or offensive."
PUBLIC property is one thing, but even that does not authorize sit ins. I know passing ourt flyers is not sit ins, just to give an example of there is no such thing as an "absolute" 1st AM right.

I personally have known about Pruneyard for about 7 years from past study, and as was mentioned, passing out flyers is not a matter of "public concern".

MOST state constitutions do not permit what CA does, as a reference.

IF we were talking the federal constitution, 1st AM, it is also true that can bind a private entity, very fact specific, as Pruneyard cites Marsh v. Alabama.

We had a case here some years ago concerning such. Was the sidewalk and commons a "public fora/forum" for 1st AM purposes, even though on private property??

383 F3d 449 United Church of Christ v. Gateway Economic Development Corporation of Greater Cleveland Inc | Open Jurist


This case is not a CA one, just to point out your comparison to Pruneyard.
 

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