I am cross-posting a piece from Freedom X, a Southern California law office that fights against suppression of free speech. This office has successfully represented College Republicans at Orange Coast College and UC Irvine In the below article, Freedom X has prevailed over the efforts of the Cerritos Mall outside Los Angeles to curtail the activities of the Counter Jihad Coalition (CJC). On several Saturdays, CJC volunteers pass out literature regarding the threat of Islam to our society. Often, they are confronted by angry Muslims shouting and cursing. This has necessitated the presence of mall security and LA Sheriff deputies to provide for their security. In truth, the mall really wishes that CJC would go away even though they carefully abide by mall regulations. One member of the CJC has had his right to wear a Go-Pro camera challenged. That's where Freedom X attorney Bill Becker stepped in and forced the mall to back down. Below is their report.
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In a 1980 decision, the U.S. Supreme Court ruled that under the California Constitution, individuals may peacefully exercise their right to free speech in parts of private shopping centers regularly held open to the public, subject to reasonable regulations adopted by the shopping centers.
Our client, Counter Jihad Coalition, occasionally applies for space in California malls for the purpose of distributing its free brochures detailing the facts about Islam. Not surprisingly, the large population of Muslims residing in Southern California take exception to the group’s mall presence. Indeed, CJC has frequently been confronted by angry Muslims who threaten its members’ safety with threats of violence.
For more than a year, Cerritos Mall management has approved CJC’s applications to set up a table in various mall locations. Due to concerns over the hostile behavior of Muslims visiting the mall in reaction to CJC’s presence, mall management has occasionally tried to restrict the group’s ability to interact with patrons. And each time, Freedom X has responded by threatening legal action against the mall for violating CJC’s First Amendment and Fourteenth Amendment rights.
CJC’s director, Steve Amundson, has taken to wearing a GoPro camera for the purpose of recording instances in which he is threatened with physical harm by angry Muslims. Recently, mall security cited privacy reasons for prohibiting Steve from wearing the camera and threatened to escort him and his volunteers off mall property if he wore it again.
Sigh. Once again Freedom X was called upon to protect CJC’s rights, demanding he be allowed to wear the GoPro. In an e-mail to mall security, Bill Becker wrote:
Mall policy prohibits videotaping "in an aggressive or intimidating manner." Whether one is engaged in videotaping others "in an aggressive or intimidating manner" is subjective and presents a question of fact. Mr. Amundson does not engage in such conduct.
Further, California's two-party consent law specifically constrains only "confidential communications." Mall patrons have no reasonable right of privacy and are not engaged in a confidential communication while shopping or otherwise present within publicly traveled areas of mall property.
I have instructed Mr. Amundson that he is permitted by law to wear and use his Go Pro camera. Be advised that any attempt to deprive Mr. Amundson of his rights, such as escorting him off the property without probable cause, may result in legal action. Your attorneys are free to contact me should you plan to enforce mall policy under the guidelines as you interpret them.
Steve reports that he wore his GoPro without incident last Saturday. Rather than punishing him for exercising his rights and rewarding those who threaten his safety, mall security made the correct decision to protect him by providing a large police presence to deter any potential violence.
Our client, Counter Jihad Coalition, occasionally applies for space in California malls for the purpose of distributing its free brochures detailing the facts about Islam. Not surprisingly, the large population of Muslims residing in Southern California take exception to the group’s mall presence. Indeed, CJC has frequently been confronted by angry Muslims who threaten its members’ safety with threats of violence.
For more than a year, Cerritos Mall management has approved CJC’s applications to set up a table in various mall locations. Due to concerns over the hostile behavior of Muslims visiting the mall in reaction to CJC’s presence, mall management has occasionally tried to restrict the group’s ability to interact with patrons. And each time, Freedom X has responded by threatening legal action against the mall for violating CJC’s First Amendment and Fourteenth Amendment rights.
CJC’s director, Steve Amundson, has taken to wearing a GoPro camera for the purpose of recording instances in which he is threatened with physical harm by angry Muslims. Recently, mall security cited privacy reasons for prohibiting Steve from wearing the camera and threatened to escort him and his volunteers off mall property if he wore it again.
Sigh. Once again Freedom X was called upon to protect CJC’s rights, demanding he be allowed to wear the GoPro. In an e-mail to mall security, Bill Becker wrote:
Mall policy prohibits videotaping "in an aggressive or intimidating manner." Whether one is engaged in videotaping others "in an aggressive or intimidating manner" is subjective and presents a question of fact. Mr. Amundson does not engage in such conduct.Further, California's two-party consent law specifically constrains only "confidential communications." Mall patrons have no reasonable right of privacy and are not engaged in a confidential communication while shopping or otherwise present within publicly traveled areas of mall property.
I have instructed Mr. Amundson that he is permitted by law to wear and use his Go Pro camera. Be advised that any attempt to deprive Mr. Amundson of his rights, such as escorting him off the property without probable cause, may result in legal action. Your attorneys are free to contact me should you plan to enforce mall policy under the guidelines as you interpret them.
Steve reports that he wore his GoPro without incident last Saturday. Rather than punishing him for exercising his rights and rewarding those who threaten his safety, mall security made the correct decision to protect him by providing a large police presence to deter any potential violence.
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