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  5. 66 N.Y.2d 496 (1985)
 

SHAD v. SMITH HAVEN MALL

66 N.Y.2d 496 (1985)

SHAD Alliance et al., Respondents, v. Smith Haven Mall, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1985.

Attorney(s) appearing for the Case

Robert S. Smith and Audrey S. Feinberg for appellant.

Christopher A. Hansen and Steven R. Shapiro for respondents.

Edward R. Korman and Naomi Siegel for The New York Government Affairs Committee of the International Council of Shopping Centers, amicus curiae.

Judges JASEN, SIMONS, KAYE and ALEXANDER concur with Judge TITONE; Judge JASEN concurs in a separate concurring opinion; Chief Judge WACHTLER dissents and votes to affirm in another opinion in which Judge MEYER concurs.

TITONE, J.

All members of the court agree that the right to free expression is one of this Nation's most cherished civil liberties. We differ solely on the question whether article I, § 8 of our State Constitution,1 considered in light of both history and modern conditions, precludes the owner of a private shopping mall from enforcing a blanket no-handbilling policy and compels...

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