firstamendment

Petitioning in front of stores Q: My group is being told by Target, Sam’s Club, and other stores that we are not allowed to circulate a petition in front of their stores. Doesn’t that violate our right to get an initiative on the ballot? What are our rights? A: The California Supreme Court has held that the California Constitution protects petitioning and signature-gathering activity at large shopping malls. Robins v. Pruneyard Shopping Center, 23 Cal.

Online message boards Q: How do you address a situation where several dozen people used an online message board to direct excessively abusive commentary at you, hiding behind the First Amendment to do it? Exactly how would a victim of such harassment go about getting any kind of legal satisfaction? A: We cannot tell from your email whether you would have any remedy for the abusive comments that have been addressed to you. Many comments

Political sign bans by housing that receive public funds Q: I want to put a campaign in my apartment window but my particular apartment lease has a restriction in it barring political yard/window signs. Is this a violation of the First Amendment?My complex is funded by a special type state loan — a California Housing Finance Agency loan. [See: www.calhfa.ca.gov/] Might this circumstance lend support to my First Amendment right, if need be? A: California

Can private shopping malls restrict my right to protest? Q: Our Peace Action group in Hawaii wants to demonstrate against military recruiters located in a private shopping mall.  We’d like to know whether there is a right to access the recruiting office which transcends the right of the private shopping mall operators to remove us or have us arrested for “trespassing” in their mall.  We are not planning any action which would interfere with Mall

Do reporters have to sign in at public schools? Q: Do reporters have to sign in to interview students/teachers on public school campuses? A: Short answer: No.Long answer:  Section 627.2 of the California Penal Code requires all “outsiders” to register with the principal (or designated official) before entering the buildings or grounds of a public school. However, the definition of “outsider” expressly excludes reporters and other media representatives.  (See Penal Code section 627.1.)  Thus, California