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by someguydave
1981 days ago
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https://www.csbj.com/premier/businessnews/lawsuit-arises-fro... >“In sum, the financial participation of the City in the Mall’s progress, the arrangements with the City police substation, and the active presence of other governmental agencies in the common areas of the Mall, constitute governmental involvement in the operation of the Mall,” the court noted. Thus, it concluded the mall’s “open and public areas ... effectively function as a public place,” and that mall owners couldn’t restrict distribution of political pamphlets or signature gathering in the mall’s common areas without violating the state Constitution. Also, General Dynamics absolutely operates under many contractual obligations in which the federal government directly dictates how they shall run their business. |
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The Marsh line of decisions you're referring to was disposed of upthread. It's dead, Jim. SCOTUS just last year said you can't expect to pretend social networks operate as public squares; you can only claim functions that are normally exclusively the province of governments.