New Jersey Coalition against War in the Middle East v. J.M.B. Realty Corp.
Supreme Court of New Jersey
650 A.2d 757 (1994)
The New Jersey Coalition Against War in the Middle East (plaintiff), a coalition of groups opposed to U.S. military intervention in the Persian Gulf, sought in November 1990 to distribute leaflets urging the public to contact Congress and vote against such intervention at eleven large regional and community shopping centers, including malls owned by J.M.B. Realty Corporation and other defendants. Several of the malls denied the Coalition's request to leaflet on their premises. The malls actively encouraged the public to use their properties for a wide range of non-shopping activities, including community groups, civic events, and political candidates' appearances, but argued their property was dedicated solely to commercial use and that no state constitutional free-speech right attached to it. The trial court found that the leafletting did not satisfy the standard set in State v. Schmid and entered judgment for the malls, denying the Coalition any relief; the Appellate Division affirmed, and the New Jersey Supreme Court granted review.
Whether the New Jersey State Constitution protects free speech, such as leafleting on societal issues, from unreasonable restraint by a private shopping-center owner and not merely from government restraint.