Reply #25: It is not a public space. Shopping centers are private property.

[unapatriciated]

http://www.pufmm.org/docs/How%20to%20use%20your%20First...

Scenario C
You are outside a Wal-Mart at the local mall, you are petitioning with a clipboard and handing
out flyers, the Salvation Army is handing out information and collecting donations next to you.
The store manager comes out and tells you to leave or they will call the police. What do you say?

Unfortunately, shopping malls are considered private property, so even though the Salvation
Army are outside Wal-Mart, it is at the Discretion of the Management to determine who gets to
solicit. Your response in this case would be to ask management at the store for permission or
politely explain you didn’t understand the policy and leave. Remember your First Amendment
rights to protest do not apply on private property, you must always ask permission. Many club
owners are willing to let you set up tables on their property, so don’t be shy.

on edit:
But this has been challenged in California and other States do have laws supporting signature gathering under First Amendment Rights. So it seems to be a state by state issue.

http://www.towleroad.com/2011/03/target-sues-to-keep-ac...

Target Sues to Keep Activist Group from Canvassing for Marriage Equality Outside its Stores
I mentioned this recently in one of my news round-ups, but today a case is set to begin in San Diego in which Target Corporation will face off against activists who want to petition for marriage equality outside its stores.

San Diego Gay and Lesbian News reports:

On Friday morning, Superior Court Judge Jeffrey B. Barton will listen to arguments from both sides after Minnesota-based Target Corp. sued the San Diego-based Canvass For A Cause (CFAC) to prevent the grass-roots activist group from gathering petition signatures in front of its stores in California.

The fundamental American right to free speech is at the heart of this case, said Tres Watson, executive director of CFAC who is a San Diego resident.

In an earlier court date on March 8, Judge Barton denied a motion by Target’s attorneys seeking a temporary restraining order against CFAC. Barton ruled that the right of free speech trumps over the business interest of Target in refusing the request