Mall Anti-Picketing Rules Unconstitutional: 9th Circ.

Law360, New York (August 26, 2008, 12:00 AM EDT) -- The U.S. Court of Appeals for the Ninth Circuit has ruled that two private shopping centers in California violated the National Labor Relations Act when they interfered with union picketing on their property even though the picketers were not their employees.

A three-judge appellate panel ruled Monday that six rules of conduct promulgated by defendant Macerich Management Company, which manages the malls, violate the right to free speech, which in California extends to speech in privately owned shopping centers.

An employer cannot interfere with a union's...
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