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Legal Update: Free Speech, Marijuana Firing, Death Row Reviews

Do you have the right to protest on a privately-owned shopping mall? Can an employer fire you if medicinal marijuana is found in your system? Who should bear the responsibility of reviewing death pena

Legal Update: Free Speech, Marijuana Firing, Death Row Reviews

Tom Fudge: When you're at the shopping mall, you're on private property. But it doesn’t feel like it. It feels like a very public place, where you should be able to do the same kinds of things you'd expect to do downtown or on Main Street. Such as, protesting or engaging in political speech, perhaps?

That's what a group of unionized employees of The San Diego Union-Tribune were doing, not too long ago, at San Diego's Fashion Valley Mall . In fact, they were standing outside the Robinson’s May department store encouraging people not to shop there. The mall management told them to knock it off, and these U.T. workers were kicked out of the mall. But they challenged the shopping mall in court, and they won on the grounds that the Fashion Valley violated their First Amendment rights.

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Guest

  • Dan Eaton, San Diego attorney and These Days legal analyst.