Virginia: strange bedfellows litigate for free speech down at the mall
The Daily Progress reports: In a nine-page lawsuit filed in Albemarle County Circuit Court, attorneys for both groups [the conservative Rutherford Institute and the American Civil Liberties Union of Virginia] ask the court to declare that the Virginia Constitution protects the right of free speech, even at privately owned shopping centers.
“It’s a constitutional provision which provides the basis of the First Amendment. Usually it doesn’t apply to the private sector ... but we believe it applies to private shopping centers when it comes to free speech,” said Steven D. Rosenfield, a Charlottesville lawyer and ACLU volunteer.
Collins lacked funds to advertise in newspapers or television. So he took his campaign for the Democratic nomination to the 57th House of Delegates seat to the streets, handing out leaflets to people at Shoppers World shopping center off U.S. 29, where Whole Foods is located.Shoppers World Manager Charles Lebo repeatedly asked Collins to leave. But Collins continued to hand out the leaflets. Eventually Lebo called police, and the 70-year-old Collins was arrested and charged with trespassing. ...
Shopping centers have replaced downtown areas as places where people congregate and share ideas, lawyers for Collins state in the lawsuit. Hence, space for such exchanges has diminished.
“As corporations and shopping centers get bigger, where do people go? They go to the shopping centers,” Whitehead said. “It’s the only place where people can congregate, where people can exchange ideas, leaflets.” -- Civil groups help Collins in lawsuit
To make this story a little clearer, here is the text of the Virginia Constitution I think they rely on: "Section 12. Freedom of speech and of the press; right peaceably to assemble, and to petition. That the freedoms of speech and of the press are among the great bulwarks of liberty, and can never be restrained except by despotic governments; that any citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; that the General Assembly shall not pass any law abridging the freedom of speech or of the press, nor the right of the people peaceably to assemble, and to petition the government for the redress of grievances."
Thanks to Brian Patton for the link