From Amendment I of the US Constitution:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech...”
The part about Congress is irrelevant to this. The words “the freedom of speech” are important. They indicate the independent pre-existence of the right to free speech.
From the Declaration Of Independence:
“...that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.— That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed...”
Arguably, Freedom of Speech is among the Rights Governments are instituted to secure therefore arguably the government (which includes Federal, State and Local levels) is (or should be) involved.
Now, please provide a similar position regarding your statement “it is instead a property rights issue” using similarly authoritative sources, and addressing property rights from both the “real property” and “personal property” aspects.
Also, please explain why government should not be involved in securing real and personal property rights.
Do you feel like you have the inalienable right to tell a guest in your house to shut his mouth if you are offended by what he's saying? This is the principle at stake here. In this case, substitute "tenant" for "guest", and "mall" for "house".
I see you are one of those people who don’t understand how people can contract their rights away.
And, clearly, someone who doesn’t believe in property rights.
Wrong, the part about Congress is the important part. Congress can’t abridge free speech, but PEOPLE can. Employers can tell their employees what they can’t say, malls can tells stores and patrons what they can’t say, homeowners can tell guests what they can’t say. This is because all of out relationships with everybody but our government are voluntary. If you don’t like your employer’s communication standards you can get another job, if you don’t like the mall’s rules you can take your business elsewhere, if you don’t like your friend’s household rules you can get better friends. But we don’t have a voluntary relationship with the government, and free speech is one of our primary tools for changing the government.
Life Liberty and the Pursuit of Happiness does not include the violating rental agreements with the mall.
BTW- The Declaration of Independence is not a governing document.