what "right to expression'? and what is public vs. private? the lines have long since blurred between this particular dualism ... see Wed Aug 1 post on the Nomadics blog http://pjoris.blogspot.com/ jcu ----- Original Message ----- From: <burkx006@umn.edu> Sent: Sunday, August 12, 2007 8:30 AM Subject: Re: [Air-L] public private
On Aug 10 2007, Ed Lamoureux wrote:
On Aug 10, 2007, at 12:54 PM, Conor Schaefer wrote:
More to the point, the concourse of a mall is by my definition completely public.
and this would absolutely wrong and total nonsense, at least in America. In American, EVERY mall is private property and is specifically posted as such. No one may do research within them without the express written consent of the mall owners.
Hm, well, not completely true. In some states, malls are public fora for purposes of the state constitution -- the right to expression overrides the private property interest in those cases. The point being that it is dangerous to draw parallels between physical spaces and virtual spaces, something many of us have written about.
DLB
-- Dan L. Burk Oppenheimer, Wolff & Donnelly Professor University of Minnesota Law School 229 19th Avenue South Minneapolis, MN 55455 **********************************