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History
- Referred to codes
- Referred to codes
Full text
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Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to the right of free speech in shopping malls
Summary
This bill would add new subdivision sixteen to the Civil Rights Law to prohibit owners of shopping malls from unreasonably denying a person the right to speak freely and distribute written material.
Justification
The Court of Appeals has held that New York State's Constitution does not give individuals the right to express their views on private property. SHAD ALLIANCE V. SMITH HAVEN MALL , 66N.Y.2d 496 (1985). Privately owned shopping centers have, in many communities, replaced downtown business districts as public gathering places. The number of such malls has dramatically increased over the past 25 years. The exercise of free speech by those who seek to communicate with the general public is adversely affected by a complete denial of access to privately owned shopping malls. This bill would permit the reasonable exercise of free speech in shopping malls, hereby ensuring that fundamental rights and privileges granted in the past be reserved in the future under changing conditions.
Fiscal implication
None.
Effective date
This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.