[Air-L] public private

[jcu]

what "right to expression'?

and what is public vs. private?

the lines have long since blurred between
this particular dualism ...



see Wed Aug 1 post on the Nomadics blog


http://pjoris.blogspot.com/



jcu


----- Original Message ----- 
From: <burkx006 at umn.edu>

Sent: Sunday, August 12, 2007 8:30 AM
Subject: Re: [Air-L] public private


> On Aug 10 2007, Ed Lamoureux wrote:
>
>>
>>On Aug 10, 2007, at 12:54 PM, Conor Schaefer wrote:
>>
>>> More to the point, the concourse of a mall is by my definition
>>> completely public.
>>
>>and this would absolutely wrong and total nonsense, at least in
>>America. In American, EVERY mall is private property and is
>>specifically posted as such. No one may do research within them
>>without the express written consent of the mall owners.
>
> Hm, well, not completely true. In some states, malls are public fora for
> purposes of the state constitution -- the right to expression overrides 
> the
> private property interest in those cases. The point being that it is
> dangerous to draw parallels between physical spaces and virtual spaces,
> something many of us have written about.
>
> DLB
>
> -- 
> Dan L. Burk
> Oppenheimer, Wolff & Donnelly Professor
> University of Minnesota Law School
> 229 19th Avenue South
> Minneapolis, MN  55455
> **********************************
>