On December 24, 2007, the California Supreme Court determined (by a very small margin) that mall management violated State Free Speech rights in prohibiting union members from handing out flyers to shoppers as they entered the mall.
Jackson Lewis has a great analysis of the situation. And particularly good advice for employers:
In light of this decision, privately-owned shopping centers and similar “public” fora in California should review their policies on access and expressive activity as soon as possible to assure that they are limited to time, place and manner restrictions, or that a justification sufficient to pass strict judicial scrutiny can be provided for any content-based restriction (this will be rare). Employers — especially retailers with stores in shopping malls — involved in corporate campaigns should recognize that this decision provides organized labor with another significant tool to generate pressure on a target company.
I guess we now have to be more careful when posting those “No Solicitors” signs.