Legal Question in Business Law in Pennsylvania

Re: Flyers

Almost always. Many jurisdictions have laws about pamphleting to begin with. In many cases a pamphleteer must be registered and or buy a license and must agree to police the target area for the inevitable garbage created.

You asked specfically about malls and other private/public spaces. Where those spaces are privately owned the right of free speech is considerably curtailed. This matter has been dealt with by the courts and private persons, with little exception, haven't the right or privilege to speak in a private forum. Malls and other private/public spaces exit for the beneift of the owner and the owner can control the activity there.

One big issue that has been raised was equal access, if an owner let's one party speak but prevents another is that discriminatory? It may be. Therefore in most cases the property owner has banned all speech and then does not have to worry about discrimination claims because it allowed one party and not another.

Moreover, property owners have the right to exclude a person from the property for any reason they wish. There is an exception for public/private spaces where the owner could not exclude a person for a discriminatory reason, but that is self-evident.

So, to answer your question, unless you have specific permission from the property owner and possibly a public license to pamphlet then you may not distribute flyers in mall or movie parking lot.

Regards,

Roger Traversa

email: [email protected]