LA Mall's Picket Rule Violates Free Speech, Court Says

Law360, New York (March 3, 2011, 2:58 PM EST) -- A Los Angeles shopping mall's policy of giving labor groups special demonstration rights violates California's free speech protections, a state appeals court ruled Wednesday, marking the third time since July that a court has ruled against unions on similar grounds.

The Court of Appeal for the State of California, Second Appellate District, found that Macerich Westside Pavilion Property LLC, owner of the Westside Pavilion shopping center, had imposed unconstitutional “content-based” rules about where and when nonlabor groups could demonstrate.

“It is indisputable that they allow protests...
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