Freedom of Speech

Exceptions to majority rule

In 1912, feminist Margaret Sanger was arrested for giving a lecture on birth control. Trade union meetings were banned. Peaceful protesters opposing U. S. entry into World War I were jailed. In 1923, author Upton Sinclair was arrested for trying to read the text of the First Amendment at a union rally. It was in response to the excesses of this period that the ACLU was founded in 1920.
― Freedom of Expression, ACLU Position Paper

Stephen Downs, 61, of Selkirk, New York was arrested Monday on a trespassing charge after wearing a T-shirt saying "Peace on Earth" and "Give Peace a Chance" in Crossgates Mall.
― Associated Press, March 11, 2003

Wal-Marts are private property. This means that Wal-Mart has the right to ask you to leave their premises if they do not approve of your behavior. The situation is trickier on sidewalks and parking lots owned by Wal-Mart. Though these spaces are technically private, some courts will still protect your free speech rights there because traditionally they are "public" forums. The Supreme Court explicitly left this issue up to the states in Pruneyard Shopping Center v. Robins, after which states have differed in their conclusions, most falling on the side of protecting property.

The state decisions have focused on large shopping malls that have taken over the traditional functions of a downtown's Main Street. The states of Alaska, California, Colorado, Massachusetts, New Jersey, and Oregon have all made rulings that favor protecting free speech on these types of private property. Arizona, Connecticut, Georgia, Michigan, New York, Ohio, Pennsylvania, South Carolina, Washington, and Wisconsin courts have all ruled against protecting speech in these situations. Most states are still undecided on this issue, but lean towards the majority view that speech is not protected on private property.
― National Labor Committee In Support Of Worker And Human Rights, March 9, 2003

"You mean, it's the content of my sign?" I asked him. He said, "Yes, sir, it's the content of your sign."
― Brett Bursey, before his arrest by airport police in Columbia, SC, October, 2002.
Bursey was told he was trespassing, but was later charged by United States Attorney J. Strom Thurmond, Jr. for being in an area restricted by the Secret Service to protect President Bush. Bush supporters in the area were not arrested.