Legal Question in Constitutional Law in California

Flyer distribution

I was placing Ron Paul for President and 9/11 Truth papers on cars wind shields in a parking garage, when one of the employees there told me I can't do that. I went to the library and looked up the municpal code for Santa Barbara and it seemd like I had every right to do so. I also read the case PRUNEYARD SHOPPING CENTER ET AL. v. ROBINS ET AL. and that makes me think I have the right to do so, but neither of those two things say specificaly if I can place those on cars, even though it is a public area and I am doing so in an orderly fashion.


Asked on 9/12/07, 3:24 am

1 Answer from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Flyer distribution

You are correct in recognizing that Pruneyard confirms your right to free speech in shopping centers. Nevertheless, Pruneyard recognizes that "time, place, manner" restrictions are still permissible so long as they are content neutral.

Regulations that regulate the "time, place, manner" of free speech will be upheld if they are substantially related to an important interest.

In Savage v. Tramwell Crow Company, 223 Cal.App.3d 1562 (1990), a shopping center prohibition against distribution of pamphlets on vehicle windshields was upheld as a time, place, manner restriction. The shopping center's important interest was the prevention of litter.

The facts of your case are indistinguishable from those in Savage in this regard. Thus, the shopping center may properly restrict you from distributing your material on vehicle windshields on it's property.

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Answered on 9/12/07, 1:16 pm


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