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You have been called to the scene of a dispute at the local shopping mall. Upon arrival, you learn from Officer Sampson that members of a politically active citizens` group were attempting to pass out political leaflets and religious pamphlets to shoppers, but they were stopped by several of the merchants. The merchants complain that the people distributing leaflets are annoying and have not obtained a proper permit. Officer Sampson explains that the group`s activity has not interfered with the shopping center`s business in any way. You should advise Officer Sampson that
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(a) because the citizens' group failed to obtain the proper permit, it's members may not distribute the leaflets or pamphlets at the "private" shopping mall.
(b)The handing out of leaflets or pamphlets in a peaceful fashion is expressive activity protected by the first amendment and broadly protected by article I, paragraph 6 of the NJ constitution; the citizens' group may continue their activities (c) leafletting is an effective means of communicating with a large number of people, but the right to hand out such paperwork is granted in public places, not private malls. (d) the citizens' group may stay, but only if the produce a $1million dollar liability insurance policy or a sign a hold harmless agreement with the mall's management. |
(b)The handing out of leaflets or pamphlets in a peaceful fashion is expressive activity protected by the first amendment and broadly protected by article I, paragraph 6 of the NJ constitution; the citizens' group may continue their activities
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