[quote]pat wrote:
[quote]MeinHerzBrennt wrote:
[quote]pat wrote:
[quote]jimmyjesus17 wrote:
[quote]pat wrote:
[quote]Brother Chris wrote:
I know it has been said before, but let’s do it again. The constitution (and the bill of rights) are not supposed to be laws against citizens of America, it is supposed to laws determining what and what not the government can do. The government cannot shut down a newspaper because it talks harshly about the government, however a newspaper can fire a journalist for talking harshly about the government. See how that makes sense, so the mall did nothing wrong, this guy is a joke.[/quote]
That’s not entirely true. No local government or private body can make rules that break the rights of people as outlined by the constitution.
If the facts of the the story are true, then I think this guys rights were violated. He was not in the store, just near it. He was having a private conversation with three women that apparently OK’d his approach, conversation and subject matter.
I don’t know of a law or store rule that can possibly monitor the content or location of conversations between private parties. I also don’t know of a rule that requires all parties with in ear shot to like the said private conversation.
So, if said mall has a “don’t talk to strangers” rule, how the hell are you going to buy anything? Don’t you have to talk to store clerks who are likely strangers? What about teenagers chasing ass in the mall? Are they going to arrest them for talking to a strange girl?
Now again, this is if the facts of the story are true, my experience with the news media is that is often not the case. If the dude was being a nuisance than he should have been kicked out.[/quote]
Well, he was on private property, and if the owners of the private property do not want religion discussed on the premises, that is their decision.
While you can legally carry an unloaded gun in public in California, there are many stores that will prohibit you from entering. Similarly, while stores can’t ban someone from entering based on their ethnic, sexual, political, or religious background, they have the right to stop someone from wearing a “God Hates Fags/Jews/Blacks/Libertarians” T-shirt from entering the store.
[/quote]
Does it state in their publicly displayed rules that you cannot have a private conversation about religion on those premises? If not, then they are in the wrong, unless the facts of the story are incorrect. [/quote]
Not sure if I understand you correctly, but are you saying that the mall could only ask him to leave if they had a rule prohibiting private conversations about religion?
If so, i’d be really surprised if they would even bother with such rule. There’s a huge difference between an individual approaching complete strangers and discussing religion and two friends discussing it amongst themselves while shopping there.
To the poster who noted that the pastor’s attorney may have been referencing the free speech clause of the California Constitution (as opposed to the First Amendment) - I looked up the language of the California provision and it is indeed broader (at least on its face) than the language used in the First Amendment.
However you still cannot put this individual’s free speech rights above that of the private landowner. He has rights, but they only go so far.[/quote]
Yes you understood correctly. The man was having a private conversation, outside of any stores, with three women who according to the article were accepting of the conversation. If the article is accurate in it’s report, it must publicly state that private conversations about religion are strictly prohibited. Again, this is if the article stated the facts correctly. Then if the mall does not have this rule, made visible, they cannot arrest or detain anyone for having a private conversation about religion. Agreeing with the man is not necessary.
Now if the article was incorrect and he was harassing unwilling people, then he should have been thrown out or arrested for harassment.
You cannot start arresting people for private conversions simply because you do not like the subject matter, unless you specifically lay out those guide lines initially.
You cannot even detain somebody in your house because you don’t like what they do or say, it called unlawful imprisonment.[/quote]
Well, I agree that it depends on the facts. If the title of the article is any indication, we can’t rely on that report.
But I don’t agree that you can’t have someone arrested who has refused to leave your premises. You said the mall “cannot start arresting people for private conversions simply because you do not like the subject matter.” This is most likely true.
But what you can do, is tell them to leave. If they refuse, they are trespassers. Then you can probably detain them for a reasonable time frame using reasonable force if necessary until the police arrive to take them away for trespassing.
It is there property. If they tell you to leave you have to (at least for speech reasons…obviously you can’t just kick a black guy out of your mall because he’s black).
With respect to your hypothetical about detaining someone in my house, those facts are not the same. If I didn’t like what they were saying and they simply left, then yes I couldn’t try to detain them and call the cops. But if they are in my house and they refuse to leave, they are trespassers.