NEW JERSEY COALITION AGAINST WAR IN THE MIDDLE EAST, SYLVIA ACKELSBERG, AND DAVID CLINE, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS,
v.
J.M.B. REALTY CORPORATION, D/B/A RIVERSIDE SQUARE, PRUTAUB JOINT VENTURE, D/B/A THE MALL AT SHORT HILLS, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND CHERRY HILL CENTER, INC., D/B/A CHERRY HILL MALL, KRAVCO, INC., D/B/A HAMILTON MALL, EQUITY PROPERTIES & DEVELOPMENT CO., INC., D/B/A MONMOUTH MALL, KRAVCO, INC., D/B/A QUAKERBRIDGE MALL, ROCKAWAY CENTER ASSOCIATES, D/B/A ROCKAWAY TOWNSQUARE, WOODBRIDGE CENTER, INC., D/B/A WOODBRIDGE CENTER, LIVINGSTON MALL VENTURE, D/B/A LIVINGSTON MALL, HARTZ MOUNTAIN INDUSTRIES, INC., D/B/A THE MALL AT MILL CREEK, DEFENDANTS-RESPONDENTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 14, 1994.
Decided December 20, 1994.
Attorney(s) appearing for the Case
Frank Askin and William J. Volonte, Reitman Parsonnet, on behalf of the American Civil Liberties Union Foundation, argued the cause for appellants and cross-respondents (Mr. Askin, Howard Moskowitz, and Mr. Volonte, attorneys).
Joseph Aviv, a member of the Michigan bar, argued the cause for respondents and cross-appellants (Cuyler, Burk & Matthews, attorneys; Mr. Aviv, Jo Ann Burk, Peter Petrou, and Bruce L. Segal, a member of the Michigan bar, on the brief).
Nicholas deB. Katzenbach argued the cause for respondents Cherry Hill Center, Inc., d/b/a Cherry Hill Mall and Woodbridge Center, Inc., d/b/a Woodbridge Center (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Anne M. Patterson, on the brief).
Ronald E. Wiss argued the cause for respondents Rockaway Center Associates, d/b/a Rockaway Townsquare and Livingston Mall Venture, d/b/a Livingston Mall (Wolff & Samson, attorneys; Mr. Wiss and Sandra Nachshen, on the brief).
Brian J. McMahon argued the cause for respondents Kravco, Inc., d/b/a Hamilton Mall, Kravco, Inc., d/b/a Quakerbridge Mall (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys).
Mark A. Steinberg submitted a letter in lieu of brief on behalf of respondent Equity Properties and Development Co., Inc., d/b/a Monmouth Mall.
Curtis L. Michael submitted a letter brief on behalf of respondent Hartz Mountain Industries, Inc., d/b/a The Mall at Mill Creek (Horowitz, Rubino & Associates, attorneys).
Bernard A. Kuttner submitted a brief on behalf of amici curiae, United Farm Workers of America, AFL-CIO, and New Jersey Consumer Coalition.
The Supreme Court of New Jersey.
The opinion of the Court was delivered by WILENTZ, C.J.
The question in this case is whether the defendant regional and community shopping centers must permit leafletting on societal issues. We hold that they must, subject to reasonable conditions set by them. Our ruling is limited to leafletting at such centers, and it applies nowhere else.1 It is based on our citizens' right of free speech embodied in our State Constitution. N.J....
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