Isnt' america great? :) If it were this country I'd say it would be laughed out of court. With the things I have heard about some of what has gone to trial in america I am not quite so sure... :) If you do follow the story I would be most interested in hearing about the court case. :) My opinion is that it should end up with the sacking of the two secuity guards for infringement of rights or something. Can I put five bucks on that please? :)
Legally they are in the right. If the security guards said "Take the shirt off our leave mall property" and the man refused to do neither then he was technically trespassing. Malls are private property, it doesnt matter what the reason is for them wanting you off, if you don't go then you are trespassing.
It's still a violation of the First Amendment. ('Course, the First Amendment gets ignored all the time. There are even laws on the books that break it.)
Malls, shopping centers and the like have been found by the courts to be private property. While I find what the Crossgates Mall did to be ignorant and stupid, and that they deserve the firestorm that they've ignited, they're no more liable for violating anyone's Constitutionally guaranteed freedom of speech in this case than you would be if you had me taken away after I walked into your house to explain this point without your permission.
I'm intrigued by the claims that they didn't go down because of the t-shirt but because they were asked to because of a potential disturbance. Why then was the only action they demanded the removal of the t-shirt? I may be missing something here I expect though. :)
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Lies of the Jewish Controlled Media!
*cough cough*
Sorry, tried to keep a straight face as I said that.
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Malls, shopping centers and the like have been found by the courts to be private property. While I find what the Crossgates Mall did to be ignorant and stupid, and that they deserve the firestorm that they've ignited, they're no more liable for violating anyone's Constitutionally guaranteed freedom of speech in this case than you would be if you had me taken away after I walked into your house to explain this point without your permission.
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Let the lawsuits roll, baby!
Re: Let the lawsuits roll, baby!