Reuters is reporting that “[a] lawyer was arrested late Monday and charged with trespassing at a public mall in the state of New York after refusing to take off a T-shirt advocating peace that he had just purchased at the mall.”
*Note to the humor-impaired: please do not flame me. I do not believe that the lawyer deserved to be arrested. Thank you.
Addendum, courtesy of Matt:
From what I’ve found (in a brief search) the mall had the right to toss them out, though I think Marshall and Brennan would have disagreed:
The majority of states to consider the issue have declined to extend any right of free expression to privately owned property. These states include Arizona (Fiesta Mall Venture v. Mechum Recall Committee, 767 P.2d 719 (Az. 1988)), Connecticut (Cologne v. Westfarms Assocs., 469 A.2d 1201 (Ct. 1984)), Georgia (Citizens for Ethical Gov’t, Inc. v. Gwinnett Place Assocs., 392 S.E. 2d 8 (Ga. 1990)), Hawaii (Estes v. Kapiolani Women’s and Children’s Med. Ctr., 787 P.2d 216 (Haw. 1990)), Illinois (Illinois v. DiGuida, 604 N.E.2d 336 (Il. 1992)), Iowa (State v. Lacey, 465 N.W.2d 537 (Iowa 1991)), Michigan (Woodland v. Michigan Citizens Lobby, 378 N.W.2d 337 (Mich. 1985)), Minnesota (State v. Wicklund, 589 N.W. 2d 793 (Minn. 1999)), New York (Shad Alliance v. Smith Haven Mall, 488 N.E.2d 1211 (N.Y. 1985)), North Carolina (273 S.E.2d 708 (N.C. 1981)), Ohio (Eastwood Mall, Inc. v. Slanco, 626 N.E.2d 59 (Ohio 1994)), South Carolina (Charleston Joint Venture v. McPherson, 417 S.E.2d 5444 (S.C. 1992)), Texas (Republican Party v. Dietz, 940 S.W.2d 86 (Tex. 1997), and Wisconsin (Jacobs v. Major, 407 N.W.2d 832 (Wis. 1987)).