Off Topic — HabitableZone

Off Topic » in reply to His civil rights weren't violated since a mall is private property

Protected speech and consistency of enforcement

<First: Supplying Means
Were the shirts sold in the mall or not? If they were, then is not the mall complicit in supplying the "objectionable" message in the first place?

Does the mall permit people who make clothing purchases to wear said purchased items in the mall or not? If it does, upon what grounds does the mall deny the right of some customers to wear their purchases while permitting others to do so?

Second: Justification
So far no witnesses have been mentioned, except for the anonymous middle-aged woman, to corroborate the statement that the accused were creating a disturbance. Since one of the men was arrested, and it's a case of criminal trespass now, someone is going to have to testify against him besides the security officers, in order to prove that the security officers had grounds for their action.

Could it be that other people who disagreed with the message on the shirt confronted the accused, who then defended themselves? (Though of course that could never happen: people who are in favor of the war never call people names. Just look around here if any further proof is needed.)

Why were only the two people wearing "peace" shirts singled out for expulsion by the security officers? Were there no other people involved? Were they arguing with each other? Was there no substantive complaint of harrassment by a victim?

Third: Due Notice and Equal Treatment
What is the dress code policy of the mall? Is it posted prominently so that the public is aware of its contents? Are there certain types of clothing, adornment, or accessories which are not permitted? Are these known, or is it up to the personal taste of the security officers on duty at the time?

Are there particular messages that are not allowed to be worn in written or symbolic form? Are there notices concerning those messages? Does it depend on whether "other shoppers" are offended, or is it a consistent regulation?
If, for instance, I took exception to an anti-abortion fetus button, and said so to the wearer, who then said something back to me, would I be within the scope of mall regulations to complain that the person was making a scene by the provocative act of wearing the button and talking about it? Could I insist that mall security force the person to remove the button while shopping to avoid harrassing me?

*****

If the two men were making speeches, soliciting signatures, or otherwise creating a public nuisance, they would have been in violation of the NO SOLICITING notices which every mall has to discourage people from setting up lemonade stands, missions, political rallies and what-have-you. This was not mentioned in any of the reports. I even decoded the semi-legible ones.

The problem appears to be what the shirts said, which was mentioned over and over, and which is non-inciting political speech. If a place that's open to the public, even as a private institution, enforces regulations capriciously, especially as regards protected speech, it had better watch out.

Regards--
Mary Anne

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