Shopping malls are an exception to the rule. In California, the courts recognize big malls as the modern-day "functional equivalent" of a traditional public gathering place, because they have "common areas that would invite the public to meet, congregate, or engage in other activities typical of a public forum. . . ."
The California Constitution does protect your free-speech rights in privately owned shopping centers—as long as your activity doesn’t interfere with the primary commercial purpose of the mall.
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I don't think it's crazy to imagine that a web space that's universally used for people to sound off, and to post comments on others' contributions, could become recognized as a public space for First Amendment purposes. (IANAL)
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Shopping malls are an exception to the rule. In California, the courts recognize big malls as the modern-day "functional equivalent" of a traditional public gathering place, because they have "common areas that would invite the public to meet, congregate, or engage in other activities typical of a public forum. . . ."
The California Constitution does protect your free-speech rights in privately owned shopping centers—as long as your activity doesn’t interfere with the primary commercial purpose of the mall.
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I don't think it's crazy to imagine that a web space that's universally used for people to sound off, and to post comments on others' contributions, could become recognized as a public space for First Amendment purposes. (IANAL)
[1] http://www.aclunc.org/issues/freedom_of_press_and_speech/rig...