Must the government allow extremists to hand out literature? What kind of restrictions may be placed on such activity at privately owned shopping malls?
Leaflets are one of the most highly protected forms of speech. The government may rarely restrict, let alone prohibit, the distribution of literature. A blanket ban on distributing noncommercial leaflets in places appropriate for political expression is constitutionally prohibited. Concerns about littering are not sufficient to merit any restrictions on leaflets. Even anonymous leaflets usually are protected. Privately owned shopping centers may, in general, restrict the rights of individuals to hand out literature or protest peacefully on their property. However, state or local lawmakers may constitutionally enact a statute which grants individuals free speech rights in shopping centers. Further, some state constitutions provide greater guarantees for speech in this context than does the United States Constitution. For example, the Supreme Court of California has upheld, under the California Constitution, the free speech rights of citizens — when “reasonably exercised” — at privatel
