POLL!Is Concord Mills infringing on a conservative business owner’s first amendment rights?

http://www.wbtv.com/ ^

[JessieHelmsJr]

Is Concord Mills infringing on a business owner’s first amendment rights?

[JessieHelmsJr]

Is Concord Mills infringing on a business owner’s first amendment rights by forcing his conservative-themed kiosk to close?

Freep this poll please

About halfway down the page.

http://www.wbtv.com/

[GBA]

I've strolled past his kiosk a few times and remember the first time I was surprised he had the guts to display anything anti-obama, but I wasn't offended. He may have been the one who had anti-Bush stuff last fall. I remember seeing some in the mall, just don't remember where.

[La Lydia]

May I point out that the First Amendment does not address the free speech rights of shopping mall tenants or the rights of mall owners to infringe upon it? It says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech...” What that means is THE GOVERNMENT cannot infringe on freedom of speech. It was written to rein in the government. So this is a dumb question.

[jokyfo]

The 1st Amendment is not in play in this case. Only the government is subject to it.

[Southern Partisan]

ditto #3 and #4

[Valpal1]

It’s the wrong question. He’s not the owner, he’s a leasee and doesn’t have Free Speech rights on someone else’s private property.

The correct question is “Are the mall operators honoring their legally binding lease agreement?”. Or possibly, “Is the mall management violating it’s fiduciary responsibilities to the mall owners by harrassing kiosk leasee’s for political reasons?”

That said, right minded conservatives should continue to picket the mall and give the mall management a real headache and public relations nightmare.

[KentTrappedInLiberalSeattle]

BTTT.

FREEP this poll, on behalf of all anti-President Zero protesters everywhere!

[Oshkalaboomboom]

May I point out that the First Amendment does not address the free speech rights of shopping mall tenants or the rights of mall owners to infringe upon it?

You may but that doesn't change the way the poll question is framed it only points out the silliness of it. The poll will still be counted via the numbers of yays or nays no matter what the actual legality is.

[JessieHelmsJr]

Exactly. Thank You!

[dynachrome]

Poll about the conservative kiosk getting booted from a mall. Guess who mall owner supported in 2008?

FREEP THIS POLL ***PING!*** FRmail me if you want to be added or removed from the Fearless Poll-Freeping Freepers Ping list. And be sure to ping me to any polls that need Freepin', if I miss them. (looks like a medium volume list) (gordongekko909, founder of the pinglist, stays on the list until his ghost signs up for the list)

[dynachrome]

86% yes so far!

[metmom]

Sometimes you just have to answer for what you know they’re looking for, not what they’re really asking.

[MitchellC]

None of the answers on this poll are correct. Even Spivack isn’t making any of the arguments there.

[KentTrappedInLiberalSeattle]

BTTT

[AZ .44 MAG]

Freeped:

Yes. Regardless of his message, the man has a right to sell his products. 86%
No. His message is offensive to some and Concord Mills is private property. 12%
I'm not sure. 2%

I told them what I wanted them to hear. But with language usage like this:

They allow liberal media in there," said Theresa Pasek. "They didn't hesitate to show the Michael Moore film a few years ago when it was out, and now that someone conservative wants to sell their wears , they're not allowing them."

It's no wonder a complex abstract thought like "rights" is beyond them.

[dynachrome]

“sell their wears”

The curse of spellcheck. Blame the schools.

[AZ .44 MAG]

There having trouble with they’re spell chucker their.

They get paid to write. There should be a malpractice suit filed.

[dynachrome]

I also have found that math skills atrophy as calulators and those pictorial cash registers are used.

[tpmintx]

2% I don't know.

If you don't have an opinion, then why did you bother clicking on the little button??

- Not a reference to Freepers - I just couldn't believe that 2% of the people didn't have an opinion, but then chose to tell us about that irrelevant fact.

[Munz]

Yes. Regardless of his message, the man has a right to sell his products. 86%
No. His message is offensive to some and Concord Mills is private property. 12%
I’m not sure. 2%

[TheOldLady]

Is Concord Mills infringing on a business owner’s first amendment rights by forcing his conservative-themed kiosk to close?

Yes. Regardless of his message, the man has a right to sell his products. — 87%
No. His message is offensive to some and Concord Mills is private property. — 12%
I’m not sure. — 1%

[pattty]

FReeped!

Yes. Regardless of his message, the man has a right to sell his products. 86%

No. His message is offensive to some and Concord Mills is private property. 13%

I’m not sure. 1%

[Sudetenland]

Precisely. No First Amendment issue here.

[Sudetenland]

It's good to see how many "Conservatives" here at FR don't have a clue as to what the First Amendment does and does not protect.

The mall is private property and is a business. It is solely the business of the owners who they allow to sell and what they allow to be sold.

Selling Impeach Obama stickers may earn sympathy from all of us here, but it is not protected speech when it is being sold at a private business. It is protected speech if it is on your vehicle.

[bmwcyle]

Yes. Regardless of his message, the man has a right to sell his products. 84%
No. His message is offensive to some and Concord Mills is private property. 14%
I’m not sure. 2%

[bmwcyle]

If you knew about what was sold in the rest of the mall you might see this different. There are pro-Obama items sold in other parts of the mall. I don’t find this to be a good call on the mall’s part.

[Sudetenland]

It is irrelevant what is sold in the rest of the mall. Even if everything sold in the mall was pro-Obama, it would still be the business of the mall owners, not the government or any violation of freedom of speech.

This is solely a matter of private enterprise and private property. If you want to organize a boycott, go for it; that is your right, but this is not a matter of the violation of anyone's "First Amendment rights."

If conservatives are going to be credible, they must be precise in their claims; the only way to be so is to be informed. Going off half-cocked shouting things which are not true only provides ammunition to our enemies.

So if you want to organize a protest, call for a boycott, hand out flyers explaining the issue and cost the owners money. That is the legitimate course of action.