FASHION VALLEY MALL, LLC, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent;
Graphic Communications International Union, Local 432-M, Real Party in Interest.
Supreme Court of California.https://leagle.com/images/logo.png
December 24, 2007.
December 24, 2007.
Attorney(s) appearing for the Case
Law Offices of W. McLin Lines, W.M. Lines, Torrance; Luce, Forward, Hamitlon & Scripps, Littler Mendelson and Theodore R. Scott, San Diego, for Petitioner.
Katten Muchin Rosenman, Thomas J. Leanse, Stacey McKee Knight, Los Angeles; Law Offices of Jo Anne M. Bernhard and Jo Anne M. Bernhard, for International Council of Shopping Centers and California Business Properties Association as Amici Curiae on behalf of Petitioner.
Alan Schlosser, San Francisco; Peter Eliasberg, Los Angeles; and David Blair-Loy, for American Civil Liberties Union of Northern California, American Civil Liberties Union of Southern California and American Civil Liberties Union of San Diego and Imperial Counties as Amici Curiae on behalf of Petitioner.
David A. Habenstreit, Anne Marie Lofaso, Arthur F. Rosenfeld, John E. Higgins, Jr., Margery E. Lieber and Aileen A. Armstrong, for Respondent.
Weinberg, Roger & Rosenfeld, David A. Rosenfeld, Alameda, Caren P. Sencer, Richard D. Prochazka & Associates and Richard D. Prochazka, San Diego, for Real Party in Interest.
Law Offices of Carroll & Scully, Donald C. Carroll and Charles P. Scully II, San Francisco, for California Labor Federation, AFL-CIO, as Amicus Curiae on behalf of Real Party in Interest.
Supreme Court of California.
MORENO, J.
We granted the request of the United States Court of Appeals for the District of Columbia Circuit to decide whether, under California law, a shopping mall may enforce a rule prohibiting persons from urging customers to boycott a store in the mall. For the reasons that follow, we hold that the right to free speech granted by article I, section 2 of the California Constitution includes the right to urge customers in a shopping mall to boycott one of the stores...
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